HomeMy WebLinkAboutR-94-0600RESOLUTION NO. 9 4 — 600
A RESOLUTION, WITH ATTACHMENT(S), REVERSING
THE DECISION OF THE ZONING BOARD AND THEREBY
GRANTING A SPECIAL EXCEPTION FROM ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9,
SECTION 917, OFFSTREET PARKING REQUIREMENTS,
GENERAL PROVISIONS, SUBSECTION 917.9, JOINT
PARKING FACILITES FOR CONTIGUOUS USES, TO
COMBINE ACCESS WAYS FOR AN OFFSTREET PARKING
FACILITY 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. 2, duly adopted Resolution No. ZB 41-94 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 of the denial of the Special Exception; and
WHEREAS, the City Commission after careful consideration of
this matter, and notwithstanding the decision of the Zoning
Board, deems it advisable and in the best interest of the general
welfare of the City of Miami and its inhabitants to approve the
Special Exception and to reverse the decision of the Zoning
Board;
i------------
T';,�u�:
CITY CPiFVTt"ii.'gs1oN
Fictu:lution No,
94- Goo
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Miami Zoning Board to
deny a Special Exception from Ordinance No. 11000, as amended,
the Zoning Ordinance of the City of Miami, Florida, Article 9,
Section 917, Offstreet Parking Requirements, General Provisions,
Subsection 917.9, Joint Parking Facility for contiguous uses, to
combine access ways for an Offstreet Parking Facility 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, 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 July 1994.
ATTEST: �
//�� S HEN P. CLA , MAYOR
j
TTY HIRAI
C TY CLERK
2
ZONING FACT SHED PZ=9
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
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 as listed in Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Article 9, Section 917.9 Joint Parking Facilities for
Contiguous Uses, to combine accessways for an offstreet parking facility; zoned C-1
Restricted Commercial for lots 1 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
Violation(s) Cited: N/A
Ticketing Action: N/A
Found: N/A
Affidavit of Non-Comp►iance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: N/A
HISTORY
ANALYSIS The proposed joint parking accessway for the subject property will be very beneficial to this
site as well as the contiguous site; this type of cross -access for food establishments is very
common and helpful in alleviating unnecessary traffic along the adjacent streets when patrons
of these establishments need to go back and forth. Based on these findings and the fact that
the proposed accessway will have no adverse effects on the surrounding area, the Planning,
Building and Zoning Department is recommending approval.
ZONING BOARD Motion to approve failed constituting a denial. (Res. No. 41-94)
APPELLANT A.J. Galloway, Esq. for Checkers Drive-in Rest., Inc.
CITY COMMISSION
APPLICATION NUMBER 94- 254 Page 1 June 13, 1994 � 4 " U o 0
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GL_.3TER, YOA.KLEY STEWAR11, 31 A.
ATTORNEYS AT LAW
BROWARD FINANCIAL CENTRE BUILDING, SUITE 1600
500 EAST BROWARD ROULEVARD
{ FORT I.AUDERPALE, rLORIDA 33394.3002
I
4
PLEASE REPLY TO
PC BOX 14636
FORT LAUDERDALE. FLORIDA 3330"636
TELEPHONE ' 1051 462.2000 OTHER OFFICES IN
FAX 13051 523.1722 STUART FL (4071 288•19BO
WEST PALM BEACH, FL 1407f 655.1990
OUR FILE NUMBER:
WRITER'S DIRECT DIAL NUMBER: (3 a S) 4 6 8- 1 3 1 5
June 17, 1994
Teresita Fernandez, Esquire
City Attorney for City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
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
i 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,
Lc --\Amy J.�Galloway
For the Firm
CC: Yolanda C. Jackson, Esq.
Clark Bridgman
Miriam Maer, Esq.
ii iorzo7
i
i
t
94- 600
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.
9 L soo
4. The Zoning Board denied the Special Exception Application
stating that the Agreement reached by Checker's and the homeowner's
i
association was not a condition or consideration properly within
the scope of the Special Exception determination before the Zoning
i
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 Cit}� --ommission agenda.
Submitted by:
Amy J.alloway, Esq.
For Checker's Drive -In
Restaurants, Inc.
10124
9
94- 600
ZB 6/20/94
George Barket offered the following Resolution I
and moved its adoption.
RESOLUTION ZB 41-94
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 1305 OF ORDINANCE 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE
ZONING BOARD DENIED THE SPECIAL EXCEPTION PER
ARTICLE 9, SECTION 917, OFFSTREET PARKING
REQUIREMENTS, GENERAL PROVISIONS, SUBSECTION
917.9 JOINT PARKING FACILITIES FOR CONTGUOUS
USES, TO COMBINED ACCESSWAYS FOR AN OFFSTREET
PARKING FACILITY FOR THE PROPERTY .LOCATED AT
3600 CORAL WAY MORE PARTICULARLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO; ZONED C-1
RESTRICTED COMMERCIAL FO LOTS 1 AND 2/R-2 TWO-
FAMILY RESIDENTIAL FOR LOTS 31 AND 32.
Upon being seconded by Gary Michael Carman the
motion to approve failed cinstituting a denial.
AYES: Ms. Basila.
Messrs. Barket, Carman and
Sands.
NYES: Ms. Morales.
Messrs. Crespo, Luaces and
Milian.
ABSENT: Ms. Hernandez and s
Mr. Moran-Ribeaux.
Ms. Fernandez: Motion fails 4 to 4.
June 13, 1994 Item #2
Zoning Board
N
~` EXHI BI T 'Q
LEGAL DESCRIPTION:
A PORTION CIF LOTS 1, 2. 31 AND 32 IN BLOCK 6 OF "AMENDED Z'LAT OF
MIAMI �141361RBAN ACRES" ACCORDING TO THE PLAT THEREOF AS PECORDED
IN PLAT 800K 4 AT PAGE 73 OF THE PUBLIC RECORDS OF DADS COUNTY,
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 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 MINUTES -OCR 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 CURWATURE 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.
1
APPLICATION FOR SPECIAL EXCEPTION File Number a,•,,,,,,,.,
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 revise►
to determine whethcr or not they should be permitted in specific
locations, and if so, the special limitations, conditions, and
safeguards which should be applied as reasonably necessary to
promote the general purposes of this Zoning Ordinance, and, in
particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further
Intended that the expertise and audggant of the Zoning Board be
exercised in making such determinations, in accordance with the
rules, considerations and limitations relating to Special
Exceptions. (Sea article 16)
Ford public notice and hearing is mandatory for Special
Exceptions. the toning Board shall be solely responsible for
determinations on applications for Special exceptions. All
applications shall be referred to the director of the Department
of planning, building and Zoning for his recoamendations WW the
director shrill wake any further referrals required by these
regulations.
i, hereby" apply to the City of Mini toning Board for
approval of a Special Exception for property located at . ,1 wa�4 ,xm . �r. ,•
Nature of proposed Use (Oe specific) T)rive throLx*i.b2±11EZE restaurartt..in.., .
CR-1 zrne.
in support of this application, the following materiai is su110i410d:
1. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
Z. Fever copies ofa the site plan showing (as r"vired) prgerty bwaWaries,
existing (if WW) and proposed structure(s), . parking, landscaping
etcl building slevations and dimensions, and- owiputations of lot area
OW JMI Wing spying.
3. Affidaivits disclosing o;rxoerslaip of property covered by application AM
disclosure of interest fare (attach to sppiicaticn).
d. Certified list of owners of real estate within a 315•100t radius of the
outside boundaries of property covered by the application.
S. At least two photographs that shale the OWN PrG" (land and 9WOv4-
monis).
....,,� G. Either (Specify) �,.,. ,. 1
3
_ I" of i W apply toward the test of precoss i" s
94-
Goo
m
APPLICATION P09 SPECIAL EXCEPTION File dumber ,,,,,•�,
Within the City genarellr, or within tort/in toning itltrlstr,
certain etru�cturos, uses, In4lor otcupanei4s s04cifiq4 in' this
or4inenes are of a nature raeairing special Ind intoneiv♦ revlp
to determine Oether or not they shquld be peraitted in speelflc
tocett"l , end If so, tho special limitations, eorditiong, And
saf"Vareo Aich thsuid be sppl1w as reatonably neeeasary to
prowto tht lonerml purp9m of this Honing 0r4lnanco, and, in
pertieuler, to protest edjoir Irl ;tr000rties AnA the n49tisitorAvod
1rd4 Ar®ide/te P811entlally advorso effaete► It it ryrther
Intendod that the expvriiso 4qxI Juxlgessealt of the Zoning Wrd be
eptereiied 14 esklmf gash detersimall"s, in aseordwo V10 the
Mal, tev+eldorailem 14 1101114ene raleliq to 9peetel
Exeefli"t► (te0 Artiele 161
For"I publit notice or4 hearinb Is w44atery for SpKial
Exreptione. The tonin/ loard tt+att be solely r+ep,"tlalo for
deteroin0tlont on applications far Special txespticns. All
applications 0411 Of referrei to the director of the OeitrtWt
of plt"Irl i 101441 W lotting for hit rtcoWl #dons VW the
alret;tor shall We Any further referred ro,uired by thee$
re0u l ®t i aril, _
t, Robert G.�BroWn hereby' apply to, the efty Of mint 2"leer! for
tpprevol of i special lxreptIOA for 0"Hy lotato�l at 120' � A
Mature of propoeimf silo (le lWifie) _-- v, l �46j uS%Z w C- 1 "Zo .4 rc
In loon " of Off applieaelao, th4 fellev 44 sufrial is 1whilttedr
1. fe4 tooies of a > umey of the pro0erdy oroodmd by a hate of f ler1/a
Aelistersd l,llnd surveyof.
I. far t"I" eft the site pixel shetirt0 Cam rewired) properly b@wWarieer
existirq (it tsy) &W pr"ced ttirraetvM(e)o parkifM, I&Wltepinl
etel iitlldity ®14vatim Trio d1weieao aid- ciGpttttatio"I of set area
NW.J til®Iraq
Affedivill distleliq era C"hip of provefiyr covered by appltestl" woo
41ee149ure of intenst fom (attach t® 4l011041141)0
t. fertlfltd Mt of Mort of real 49toto arlthtil a 8f®+fiet rardlue of tiro
outside wwwwas of 1D My sevvw b9 t'M w1teett".
. 1. At fiat two owtolettoa that %Fm the tlfttlr* p rgr (Its ltid tuprere•
tsetitoI.
s. other 0MIfr) a.. _�.+..r r�..�..a�•+�gpF"�.c..r
pie of to 4001 toward till C"t of om*slfgt
L
94— 600
SYSTEMS, INC. - SOUTHEAST
6954 N.W. 12 STREET MIAM1, FLORIDA 33126
(305) 477-9149 FAX(305) 477-7526 (800) 287-4799
Photocopy In poop
con d
FC 017
• i
t
Special Exception .......................... S650f00
Surcharge equal to applicable fee from item above,
not to exceed six hundred and fifty dollars (S6SO)
except from agencies of the city; such surcharge
to be refunded to the applicant if there is 00
appeal from a property owner within three hundred
and seventy-five (375) feat of the eubyect property.
(City Code - Section DZ-al)
LNIVE -PL REA I3f
Signature
Q�IeN
No" P. EideLstein, President
Address 2665 5auth 2�Vsln wive Suite ,
phone (30) 28-y595.__...�.., •�.�..._....�..�.�.
t
j STATE Of FLORIDA)
SS:
COUNTY OF DADE )
rry, Ishs n-. being duly tworn, deposes and says that he is the
(Owner) 04 the real props y described in answer question 81
asovet that he has read the foregoing snse9Pt at he $ame are complete;
that he hash horny to execu this attttcn on
behalf of the owner. j 1
( P.
SWORN TO AND SMAIM /-
befok " this day of
Notary WCV StatTekillit La
Wy Commission Expirest
ELiZABETH DU EY
Notary STATE OF FLORIDA
Public My Comm Exp12f30/95
. BONDED
15
94- Goo
Special Exception .......................... $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)
SignaturpC
Qf Authorized Agent
Robert G. Brown Ecec. V.P.
Nagle Prk r� nri vp- f n RPstaijants . Tnc .
Address P.O. Box 1079
Clearwater, FL 34617
Phone Al 3-9go-21 nn
STATE OF FLORIDA)
Pine a5 SS..
COUNTY OF AMR 1
Robert G. Brown , being duly sworn, deposes and says that he is the
O(Authorized Agent of Owner) of the real property described in answer to question 11
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner. ��
Robert G. Brown, Ex. ec. V.P.
(Nam)
SWORM TO AND SUBSCRIBED
before me this I Oth day o f
January199
wry Public, State of Florida at large
Ry Cowllmission Expires:
�•.•'.oc1�"'•. OFFICIAL SEAL
• DIANNE M. AUSTIN
• MY Cornf"is'Ion Expires
16
April o19
*'•.���• 96
Comm. No.. CCC 197144
Iy •,•••.
94- 600
Y
STATE OF FLORIDA }
ss
COUNTY 0i WE
Before NO, the undersigned authority, this day personally appeared
Cry P. EideLstein who being by ue first duly tworn, upon oath, deposes
and sayer
1. That he it t outer, or the legal representative of the owner,
100itting the atCOpanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Miaei, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and spade a part thereof.
2. That ail owners which he represents, if any, have given their full
and complete per*isslon for his to again their behalf for the Change or madifica-
Lion of a classification or rasulation of zoning as set out in the ecca "anying
petition.
S. That the psges attached hereto and *We a part of this affidavit r
contain the current na m, mailitq} addresses, phone numbers and legal descriptions
for the the veal property of which he is owe? legal representative.
1
,tad
[VIA
0 A
- slu()
AFR10AVt1
11011 Of FWAIDA
copty of oAoc
46fore Ir, tho undArtitno! Authority, this day portonelly opptartd
Robert G. Brown
INr+d Qy !w! tlrtt duly tw$rn, upon oath, depom
And toy#r
t. Chet he is the o+.ner, or the p�410tl�t,of the ow or,
'utdittinl the Accaor$nri(j $pplicetton for A 0014 heortel1 " r"utred by
ordinance ttow of the code of tho My of Mial, Florid$, affeetisg the rVel
property located In the City of MIMI, At deseriWO and iltted on the peat
ettseheA to thfo efffd$vlt &W wade a pert ther"f.
t. That ali owners rhlch h® ' rarrotints, If enY, have given their full
VA cowlote perV131100 for hill to Agin their behalf feP tho cbvgl or "difica-
Mo of a clAssifieetion or rotiU101on of 1601 u 141 ovt in the Actmovyint
�� o�llitlon. .
1. that the toget AttechW Worst® WA eedo a pert of thin afffderlt
contain the current noW , skilin9 eddrAs'aa, Owe Mxkra_dad— 4W riptiont
far thA tho We61 pro" of Alth he Is tho oemor or opal r"resontotivo.
4. 1A6 facto M rwewtod In 04 1"Heatio" W 1ocuents subeaittod
,
io c"Jv ilve •ith this 81fiievit Are try end cormt.
ieNher Allleiiii tapot� not. ,
�� i;StAlr�
S+are tm &Pd ioiterim at
this
dbt► of Ma a� t0 gs�
18
�Q�G971/-Ir9r e, toll a on It (!f'ifi • •~r� �+��` OFFICIAL SEAL
DiANNE M AUSTIN
FAY Commission Ec%es
fhq ca"1104 6 fxplrost Ap►11 29, 1996
•,*go9• Comm. No. CC 19T14d
d OWNER'S LIST
Owner's Name UNIVERSAL REALTY & DEVELOPMENT. INC.
Mailing Address 2665 South Bayshore Drive, Suite 200 Mia L. Fla
Telephone Number 2 8 5- 9 5 9 5
Legal Description:
Owner's Num
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property oared individually, jointly, or severally (by corporation,
partnership or privately) within 373 feet of the subject site is listed as follows:
Street Address legal Description
Street Address Legal Description
Street Address legal Description 19
� - r
S
94 -6coo
013CLOSUAt or OWNERSHIP
1. 0241 description and street address of subject rs$1 property:
(SEE SURVEY)
f
4
Z, owp#r(s) of subjeet reel property and percentepo of om,mership. Motes City of MiNal
Qrdinwo No. 9419 r"vlr®n 41fclosur4 of all perties hevtng a fin4agi4l Interest,
lJ either direct or indirect, in the subject matter of a presentation, request or
petition to the City Cem1s®ion. Accordingly, question !I requires d1scloz4r4 of
sbareholdert of Corporations, benaficiartas of trust$, end/or any other interested
parties. Jeg4thar with their 4404111144 4M pr$pert10leee interest,
Universal Realty & Development, Inc. - 10040 owner.
Gary P. Eidelstein - 650/. ownership interest.
Wayne Ginter - 3590 ownership interest.
Leased to Checker's Drive -In Restaurant, Inc. (copy of lease
attached)
3. Legal description and street edddrees of any real property (a) mmod by any party
listed in answer to question tz, and (b) located within 371 fa4% of the 3QbJtet
re01 gropf ty. N/A '
•
Z1,
• t
0
fGary P. Ei in, Oxpx/PresidEnt Of Lhiversal
Realty OKI�l�t, Inc.
STAht 01 FLORIDA } 331
CON" Of mot
Gary P. o . isms duly awsm, delesee anti sales the% he is t1w
Qalee ®f the neat pro@trty described in ansl+w to dwtstion M
above: that he hoc reed the for"aing a11aw4n WA that tilt tAre and co"l`tel
and (if iet9flq ao at;oMe'r for 404kr) that he a+1thorit t to Disclosure
of Ownership f4m on bn"lf of •.tm *;Mors
' G P. /
5MM TO AND 3UBUNI19D
day60fof �e this
• day of
ile ! 1.�0
20qT Totd6133at901 i�'3ftaq
' ELIZaBETH QUPREY 79F7
Notary STATE OF FLORIDA
Public My Gcmm EXp12/+0/75 g l 600
MAY -� i eti �•' 4 M O N 3-.,'"'� Z�
Y
I
911ClONet or 010M N
1. ladal 4otcriptIona" ttre" Wdrq a 10 10440 fast . p"I
2. ONW(s) of amWftt real ommru IN panfAta®e of owenAlr. +eater ciao, e0 Violet
Ardlowe 90, 14€6 r"mIPm 04SC1664e4 of all parts" Amfiq a. 91monslat Intormlte
eivior direct or indivact. in %M mAjo" aster of a praeeatattew, revolt or
6esitiee to thg City Comfetiaa. A 4'4irs'9y� eleg+ if1 �reiaa� A1i�leaeaea •f
taareftiden of curoorollons. BOWMarlev of `oasts, a mfor my ~ inttoteeta6
parties, twthdr m1SR skip acre m aw ereptrtleetate intatraet.
I�iNI\/E2SAL- lad -- A i - 71�> i;:- vE.LC-)P�.ieN
6WIJE2;t41PTNI. C vNNErZ
W rl `l N t-.J '(T E iz. — 3 5 °l D IN t J c QS H 1 P Z a�C&,E S
LrE�S e, TU GV4�G 1ZS . C Sec (erase a uc(ned .
S. IL"al description *W 01ftel r 1do"t of at+p raal (6) aatt" IV &V ws�
1 feted 1e answer to toes/an it. an/ (0) located r000% 31% to% a1 the eole$t
pal 60*11110 6. '
S"711 W tl ) sal
emY (W W
Wayne Ginter how* dull? mom am" ad mp "m be is 00
( ri is rem
1 pvpf4y d"Nom Is to d "'!low t1h
a1f0; ttI t he Its few va 1 acre Wv uld tm Inv we "D +tAMO tat ,
Nd 41t 601101 as •o►�e1�q�i a Aa hu 4~11 � � o�a,um m�=
f4 9�I+lu9p epo tea)$ al..�A a
e
m Immum
"ftre Imo
aegN--- .. 122.4
a Colsti➢1811mral
ELIZABETH DUPREY'
9,MY
STATE OF FLORIDA Comm Expj2/30/95
BONDED
ZOW C5s
1654-05-16 15 I R 2 PAW s o:
i
DISCLOSURE OF OWNERSHIP
i
1. Legal description and street address of subject real property:
Legal Description 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 Comission. Accordingly, question 12 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Property leased to. Chgc1zer'g. Dr� e-in .Resta�r iC Corporation
See attached Sche u
regularly traded on 'Tew York Stock Exchange.
Property owned by Universal Realty & Development, Inc. 100 % Ownership.
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 02, and (b) located within 375 feet of the subject
real property.
FOR OWNER
i
Robert G. Brow
STATE OF FLORIDA } SS:
f COUNTY OF J pi ael 1 as
1
Robert G. Brown being duly sworn, deposes and says that he is the
for Owner) of the real property described in answer to question 01,
above: that he has read tho foregoing answers and that the swe are true and cooplete:
j and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership fore) on behalf of the owner.
Z -----
(SEAL)
(Naele)
SWORN To AND suescRleEo Robert G. Brown
before me this
day of,laniia.V ,. 19ga,
tary Public, State of Florida at Large
22 NY C"ISSION EXPIRES: ...
•'+�'"'"'�,• OFFICIAL SEAL
DIANNE M. AOSTIN
My Commission Expires
S April 28, 1996 9
°•.°�'a►wr;:'� Comm. No. CC 1971" ���
�`EXHIB! T 'Q ° -
I.
1
LEGAL, DESCRIP-nON:
A POP-11ON CIF LOTS 1, 2, 31 AND 32 IN BLOCK 6 OF "AMENDED ='_AT OF
MIAMI "'l-48.0 BAN ACRES" ACCORDING TO THE PLAT THEREOF AS PE^ORDED
IN PLAT, BOOK 4 AT PAGE 73 OF THE PUBLIC RECORDS OF DADE '-, --"UNTY,
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 P-FET TO A
POINT CW 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 -OR 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.
w
s .
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i
MANAGEMENT
Directors and Executive Others
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.
{ Name
AV
PorAdm
Herbert G. Brown ......................
69
Chairman, Director (term expiring in 1994)
i
and a member of the Executive and
'
Audit Committees
James E. Mattei .......................
44
Chief Executive Officer, President, Director
(terra 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 rnance 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
A
Development
John E. HeUriegel .......................
53
Vice President -Franchising
Dale A. Naftzger .......................
48
Vice President -Operations
Anthony J. Mono .....................
43
Vice President -Marketing
Thomas M. Nash ......................
44
Vice President -Real Estate and
Development
James M. Roche .......................
86
Director (test expiring in 1995) and a
member of the Audit and Compensation
Committees
Harry S. Chine .........................
52
Director (term expiring in 1995) and a
member of the Audit and Compensation
2�4
Committees
94- 600
5
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