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HomeMy WebLinkAboutR-94-0706J-94-635(a) 9/22/94 RESOLUTION NO. 9 706 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO WAIVE FOUR (4) OF THE SEVEN (7) OFFSTREET PARKING SPACES REQUIRED FOR A PROPOSED HEALTH CLINIC TO BE LOCATED AT 3080 WEST FLAMER STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO: (1) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; AND (2) A PATIENT SCHEDULING POLICY ACCEPTABLE TO THE DEPARTMENT OF PLANNING, BUILDING AND ZONING. WHEREAS, the Miami Zoning Board at its meeting of July 8, 1994, Item No. 4, adopted Resolution No. ZB 69-94 by a vote of nine to zero (9-0), to grant a variance as hereinafter set forth; and WHEREAS, concerned neighbors have taken an appeal to the City Commission from the approval of the variance; and WHEREAS, the City Commission after careful consideration of this matter, finds that there are peculiar circumstances affecting this parcel of land and practical. difficulties .and unnecessary hardships which would impair the owner's right to the reasonable use of the property without the grant of variance as set forth; CITY COIJMCSSION KEETING OF S F P 2 2 1994 Resolution Na 94- 706 P NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF-MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in this matter to grant a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401 Schedule of District Regulations, R-3 Multifamily Medium -Density Residential, Conditional Principal Uses, to waive four (.4) of the seven (7) offstreet parking spaces required for a proposed health clinic located at 3080 West Flagler Street, Miami, Florida, more particularly described as Lot 49, SAGINAW PARK, as recorded in Plat Book 4 at Page 4 of the Public Records of Dade County, Florida, zoned R-3 Multifamily Medium -Density Residential, as per plans on file, is hereby affirmed, and the appeal is hereby denied, subject to: (1) a time limitation of twelve (12) months in which a building permit must be obtained and (2) a patient scheduling policy acceptable to the Department of Planning, Building and Zoning. Section 3. This Resolution shall become effective immediately upon its adoption. -2- 94- 706 i' • PASSED AND ADOPTED this 22nd day ember _, 1994. STEPHtk P. CLARK, kAYOR ATTES MATTf HIRAI CITY CLERK PREPARED AND APPROVED BY: ��t*a"j G. MAER CHjkki" EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: s A-.' QUN J,dM , CITY ATTORNiE GMM/ns/bsd/M4813 -3- 94- 706 I V I I L. L. I LOCATION/LEGAL 3080 West Flagler Street Lot 49, SAGINAW PARK (4-4) PRDC. APPLICANT/OWNER West Pain Care Center, inc., A. V. Leiva, Esq. a Fla. Corp. 3080 West Flagler Street 701 Brickell Ave. N1710 Miami, Florida Miami, Florida 33131 643-9533 347-3818 ZONING R-3 Multifamily Medium -Density Residential. REQUEST Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-3 Multifamily Medium -Density Residential, to waive four (4) of the seven (7) offstreet parking spaces required for a proposed Health Clinic; zoned R-3 Multifamily Medium -Density Residential. This is a companion to item #5. RECOMMENDATIONS: PLANNING, BLDG & ZONING Denial. PUBLIC WORKS No comments. PLAT AND STREET N/A. DADE COUNTY TRANSPORTATION F.D.O.T. permit required. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A. Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: N/A. HISTORY Continued from the Zoning Board of July 11, 1994; Res. No. ZB 57-94 by a vote of 8-0. ANALYSIS There is no hardship to justify the requested parking variance for a proposed clinic use in an existing structure. Although the use is compatible with the area and will be beneficial by providing a needed service, the parking deficit could have an adverse impact on the surrounding area, particularly during busy clinic hours when the overflow parking spills into the adjacent neighborhood. Based on these findings, the Planning, Building and Zoning Department is recommending denial of the application as presented. ZONING BOARD APPELLANT CITY COMMISSION APPLICATION NUMBER Granted for (12) Mos. in which a bldg. permit must be obtained conditioned to a City of Miami covenant. (Res. No. 69-94) 94- 257 Page I July 18, 1994 9 4! 706 Yes No N/A X X X X X 2 ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMBER 94- 257 Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The special conditions and circumstances are a direct result from the actions of the petitioner. Literal interpretation of the provisions of Zoning Ordinance 11000 deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. The grant of this variance is in harmony with the general intent and purpose of this zoning ordinance and is not injurious to the neighborhood, or otherwise detrimental to the public welfare. July 18, 1994 PW 2 07/14/94 94- 706 011011 Los I a WOR Q �mm r-- man m® F L A G L E R is .•• •• ! •f• 7 i.P . r• •a 4 ''' : c • I ST • • 1 r �' ' h V t0 ° w 2 S T. M I7 0• of V4 t . � t I • M♦ W h ,� ... • • ! e • • ,• 1.• t o •• T. r •a♦ ,n . .. .. •1 r 17: • • • • •f • OeM• •• P 0t r a• ! T. ' ee t y 06 At 0.0.01I6e 01 it r.. /.• :./�qr r ri.. . riri�,... . � . r AUBUItN0ALE ELEMENTARY S CMOOtGA r a"��1 •'q • 1 • W r r aeve�veae ,r��Am��°amcaa�� TAR TM�C elm woTa GAN"Ns sn i USX a000aaac ERR c0V:T. AUDIT' MIA•► MEMEM r �.�. aaa��aaaod as r+ • • t . t• t• •• t• tt = • t •f� � S t • a • • to to y r • • •• r • t CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Teresita L. Fernandez, Chief DATE July 29, 1994 FILE Hearing Boards Division r SUBJECT Appeal of Parking Variance for Clinic at 3080 W. Flagler XoR Xd ��!Street to the City Commission FROMSer riguez, Director REFERENCES Planning, Building and Zoning Department ENCLOSURES At the July 18, 1994,, Zoning Board Meeting (Item 4), a request for a parking variance for a proposed acupuncture clinic was granted by ZB Resolution #69-94. As the Director of the Planning, Building and Zoning Department, I am hereby appealing that decision for the following reasons: 1. The Department's recommendation for this request was denial due to the fact that potential overflow parking during busy clinic hours could have an adverse.effect on the surrounding area. A possible solution to this problem was discussed at the meeting by the applicant; the applicant was to proffer a parking policy which would ensure that the number of spaces provided and the manner and timing of their use would be adequate because of the peculiarity of the clinic's operation. Prior to supporting this variance, I would like the opportunity to review a written policy proffered by the clinic owners/operators, ideally in the form of a voluntary covenant; and 2. This variance request was accompanied by a Special Exception (Item #5). While the Special Exception was recommended by ZB Resolution 70-94, Zoning Ordinance 11000 requires City Commission approval. As the Director, I feel it is appropriate that both requests be heard by the City Commission at the same time for final decisions. Please place this appeal on the same City Commission agenda as the companion Special Exception. ►7 94- 706 ZB 07/27/94 Mr. Gary Carman offered the following Resolution and moved its adoption. RESOLUTION ZB 69-94 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, TO FOUR (4) OF THE SEVEN (7) OFFSTREET PARKING SPACES REQUIRED FOR A PROPOSED HEALTH CLINIC LOCATED AT 3080 WEST FLAGLER STREET MORE PARTICULARLY DESCRIBED AS LOT 49, SAGINAW PARK (4-4) PUBLIC RECORDS OF DADE COUNTY; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. THIS VARIANCE WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED CONDITIONED TO A COVENANT TO BE SUBMITTED IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITHIN THIRTY (30) DAYS OF THIS DECISION. Upon being, seconded by Ms. Gloria Basila the motion was passed and adopted by the following vote: AYES: Mses. Basila and Morales. Messers. Carman, Crespo, Milian, Barket, Luaces, Moran-Ribeaux and Sands. NAYES: None. ABSENT: Ms. Hernandez. Ms. Fernandez: Motion carries 9-0. July 18, 1994 Zoning Board Item# 4 94- 706 ZONING BOARD ACTION ON PETITION FOR VARIANCE MOTION: I move that .the__request on agenda item be (denied) grants in that the requirements of Section (were) (were not) satisfied by relevant evidence in the record of the public hearing. a) as stated in the City's finds of fact, or as demonstrated by the petitioner, or c) on the basis of the following: ----------------------------------------------------------------- The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (have been) (have not been) demonstrtated. CHECK +ENE a) Special conditions and circumstances (exist) (do OF EACH not exist) which are peculiar to the land, STATEMENT structure or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: b) The special conditions and-c-ircumstances (do) (40 not) result from the actions of the petitioner: 1) as stated in the City's findings of fact ✓ 2) as demonstrated by the petitioner 3) as otherwise stated below: c) Literal interpretaa ioa`Qf the provisions of the zoning ordinance _would (would not) deprive the applicant of rights conm►only enjoyed by other" properties in the same zoning district under the terms of the zoning ordinance and work unnecessary and undue hardships on the, petitioner: 1) as stated ih the City's findings of fact w'0`2) as demonstrated by the petitioner 1 3) as otherwise stated below: 9 4- 706 d) Granting the variance requested wi (will not) convey the same treatment to t e individual owner as to the owner of other lands, buildings, or structures in the same zoning district. 1) as stated in the City's findings of fact !/2) as demonstrated by the petitioner 3) as otherwise stated below e) Granting the variance requested (will not) convey the same treatment, any spe 1 privilege that is denied by the zoning ordinance to other lands, buildings or structures in the same zoning district. f) If granted the variance (will be (will not be) in harmony with the gener ent and purpose of the zoning ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare: !1) as stated in the City's findings of fact ✓ 2) as demonstrated by the petitioner 3) as otherwise stated below: S'gnatur Date 44 !' Item S DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this 2 day of August, 1994, by WEST FLAGLER PAIN CARE CENTER, INC. (hereinafter referred to as uoe "Owner"), is in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "CITY"). WHEREAS, the Owner holds fee -simple title to certain Property in the City of Miami, State of Florida (the "City"), located at 3080 West Flagler Street, Miami, Florida, and legally described as: Lot 49, Saginaw Park, according to the Plat thereof, as recorded in Plat Book 4, at Page 4, of the Public Records of Dade County, Florida. (the "Property"); and WHEREAS, the Owner appeared as an applicant before the City of Miami Zoning Board at its meeting of July 18, 1994 for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R 3 Multifamily Medium -Density Residential, to waive four (4) or the seven (7) off street parking spaces for the above described Property; Prepared by: A. Vicky Leiva, Esq. ECKERT SEAMANS CHERIN & MELLOTT 701 Brickell Avenue, Suite 1850 Miami, Florida 33131 Prr: F:IDOCSIAV L1Rfi111374_ 1:9/ 11194 (2:27p m) 13 94- 706 WHEREAS, the City of Miami Zoning Board granted said variance and special exception; and WHEREAS, the Owner is desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, and its heirs; successors and. assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Limitation. The Owner agrees that it shall limit the use of the Property to an acupuncture clinic. Section 3. ]Effective Date. Upon the recording of this instrument in the Public Records of Dade County, Florida, This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns. These restrictions shall be for the benefit and limitation upon all present and future owners of the Property and for the public welfare. Section 4. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the City of Miami Commission after a public hearing 14 Prr:F:WOCS%AVLgMI1374 1:8/i l/94 (2:27pm) -2- 94- 706 which public hearing shall be applied for and at the expense of the Owner. Should this instrument be so modified, amended or released, the Director of the City's Planning Building and Zoning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment or release. Section 5. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors and assigns for an initja.. period of thirty (30) years from the date this instrument is recorded in the public records of Dade County and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, amended or released prior to the expiration thereof. Section 6. Inspection of Enforcement. It is understood and agreed that any official inspector of the City of Miami shall have the right any time during normal working hours of entering i,.n, i investigating the use of the Property to determine whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being .complied with. An enforcement action may be brought by the City or by any property owner within 375 feet of the Property, by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full PPP:F:IDOCSUYL\RE\11374_1:8/11/%C2;27pm) -3" IS 94- 706 force and effect. Section S. 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 seals this _LZ day of ��' 1994. FLAGLER PAIN CARE CENTER, INC. V 04'� By: "A4�� -- 44"4� Martin Cohen, President By: /T , e, ma= a*. . Melody i-Chun Chung STATE OF FLORIDA COUNTY OF DADE (r The foregoing instrument was acknowledged before me this ilk day of , 1994, by Martin Cohen, President of Flagler Pain Care Center, Inc., on behalf of the corporation. He is personally known to me or has:7uced FL . � ruy . i. c . as identification and Ajq not take an oath. Name: Commissi",��i Notary Pu �}cn, � ss TA7, 2 ..Yd �.�Y ?'Ji:IS�^ STI�Sc Cr FLORIDA State of Fl My Commission Expires: COMMIR ON fir. NEAR.. 24,19M Prr:FAD0CSUVLkM11374_ 1:8/ 11/%0:27pm) 16 -4- 94- 706 STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this �_ day of , 19 � , by Melody Wei -Chun Chung, Secretary of Flagler Pain Care Center, Inc., on Rhalf of the corporation. She is personally known to me or has produced r-t. •"t, IL {..��..-• as identification and (did not take art oath. Name: - Commission Notary PubltcM�-''' State of Flo at•Lt'= cLs.^.tdi pAY C(.'• •�d!�iiC:I'�:\ ''XP. A.4�:". 7:5,'.!�'?3 My Commission Expires: PPP: F: %DOCSIA VLUIE111374-1:8/ 11 /94 (2:27pm) -5- 17 94- 706 PETITION FOR VARIANCE :,It `fumoor s ar-ance is •e!axav o� of tie terms 7f the ortiinance where such act :n w1" "ot be trary to the oualic Interest and .Mere, ;� ^g :o ::no•tions Peculiar to the Property and hot the result If act,ons of the applicant, a literal enforcement of this ordinance would result In innecessary and undue hardship on the 2rpoerty. As used 'n this oMlnance, a .ariance ii authorized ;n?y tor neignt, area, size of structure, diMensions of yards and other open spaces and ofO-street Parking or loading require. rents. 'Section 1901) West Flagler Pain Care Center, Inc. 4, nereoy Petit,on the City of Mi mi Zoning Board `or i +ar,ance Oros the terms of the 'Zoning Ordinances of the City of Miami,' affect•rg Property 'ocated at ,3080 West Flagler Rtr,eeh , Miami as specified below, in support of this application, the following material is submitted: x I. 'no copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. X 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parting, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. X 3, Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). x 1 d. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. _ X S.' At least two photographs that show the entire property (land and improve. sent$). ._- 6. Other (Specify) 1. Fop of 1'.._� to apply toward the cost of processing, based an the fel lovi": C3. 00. li•l. awe. (singla/a>•ily pnd duplex rosidentiai uses) ............. 1 M.00 Pion, locks. wharves and the like, for each variance from the ordinanee, per lineal foot •.......... 1 30000 Ninim ................................... 1 i00.00 All other applications for each variance fires the ordinance. per 144M feet of gross f1w area of new building(s) or additions, based upon the definition of floor area (section 1901).............. 1 0.a? Ninis........................a.......... i 50600 m 94- 706 'cc':at•.M .a- sr:! ss s -sSJ . :I ! :"arse •^ ^":0VI irs :P IS :e :-argea ao/aaa :ra: lee, Oer S"•ante: :S. ". 2-1. a•2 S 2:0.�0 other •es :erL al v st••c:s .......... S 150.30 -omres'aent•41 I'Str.tts ............. S d50.70 :.Atens'on of :-ne `or iar'ance ........... S a00.�0 :yrM aP4e toual to &W -t itle 'to *—A 'tens aeove, ^ot to exceed S•x ^umartd amid f,fty dollars 'S650). except #roe agemc,ts of the city: sucn surtMarle to it -!funded :0 :me acci•cant if there it no appeal orooerty owner .ltmim three ',umdriod and seventy -rive 1375) feet of the suoiect property. `,City Code - Section 52.81) x 9. -4 sarlance riauested is for relief froa the provisions of section of the City of 141ami Zontnq Ordinance as follows: :) permit t.-e operation of a medical clinic (accupuncture) with car:<ing spaces, when 7 parking spaces are required. �. :n Support of the application, the applicant Is ores red :o offer :fte 'ol'.owInq evidence, on the poll t enue>erated at Subsection 1903.1 if :"e City of Miesi Zoning Ordinance. 'tote: -his Appiication cannot be accepted for Zoning board action unless all of the following six items -are cmitted. !a) Special conditiana and cir:uestances exist which are peculiar to the land. strwture, or Mdildiag involved and which are net aplicabit to other lands, strac urns. or lrildings in the saw toning district in that: (list evldenCe to be produced WA use additional shoots. if necessary.) The property was converted to office use by prior oweners and has operated as such for several years along west Flagler Street in an area Zoned R-3 which shows a marked trend towards conversion to office use. Due to the widening of Flagler Street and the tremendous traffics load, this area is no longer used for family living. 20. 94- 706 grant if the iar`ar1Fe *11' �e *n '"anlony •lth t4 Ieners' '^tert Ind 7u'*:".se o .,,e •^.ne,q ;rt,nance, srd oil I'. ^ot :e '% ur,tus to tie ^e�3r.00r^pod. �r The grant of this variance will not be detrimental to the -harmony, intent and purpose of the Zoning Ordinance. Further, the services to be provided are a welcome addition to the community and intended for an area which already has several clinics in operation. Not,: All_docuelents. *,Dort$. studies, exhibits or other written or graphic 'aaterial to 5, suDlaitted to the Zoning Board shall be suba►ltted with this application. West Flag in Care. nor, Inc. L���tIG signature aww or Authori,led Agent Marty Cohen, President Raaw 3080 W. Flagler 5t. Address STATE OF FLORIDA) SS: OUNTY OF OADE ) Marty Cohe ores____ being duly sworn, deposes and Says that he IS th, �JWW (Authorised Agent of turner) of the real property described in answer to Question it above; that'he has read.the foregoing answers and that the sane* true and cO60lete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. — (MaN� Marty Cohen SWORN TO AND SUO 11M before 7 this !r' day of /1 .c. lam• My cmissioo Upirta: pot,�•y eto of Flori" at urge 21 94- 706 OWNER'S LIST Owner s Name West Flagler Pain Care Center, Inc. Mailing Address 3080 West Flacrier Street Telephone Number 643-9533 Legal Description: Lot 49, Saginaw Park, PB 4/4 Owner's Name Mailing Address Telephone Number Legal Description: i Owner's Name Mailing Address Telephone Number i Legal Description: i • i Any other real estate property owned individually, jointly, or severally (by corporation, l partnership or privately) within 375 feet of the subject site is listed as follows: Street Address legal Description I None Street Address None 22 t S reef Address None Legal Description UPI ftemptl.a 9 4- 706 :^JuMTY :F :ACE Before %*, the undersigned authority, this day personally aocearel Marty Cohen, Presiden t f Vest Fla 1 r a' Ca nc *no .,e+ng by t�irs d'uJy swj&Ce q;,f�jt4. ,eooses and says: 1. 'hat tie is the %WW, MW the legal representative of the owner, Submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the peal property located in the City of Mimi, - as described and, listed on the gages attached to this affidavit and nude a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for his to act in their behalf for the change or modifica. "on of a classification or regulation of toning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current natal, mailing addresses, phone numbers and legal descriptions for the. the real property of which he is theiUmmow legal representative. d. The facts as represented in the application and documts submittod in conjw4tien with this affidavit are' true and correct. FurtMr AffiWt sayeth not. (heM) Ma rty hq&, President Dom. Sworn to and Ubscribed before ra this r day of n- 1!p'. 23 94-- 706 •.. �. e•. a of slerida at UM DISCLOSURE Of OWNERSmIp 1. Legal description end street address of subject real property: Lot'49, Saginaw Park, PS 4/4, Public Records of Dade County, Florida 3080 West Flagler Street 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 snareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. West Flagler Pain Care Center, Inc. - 100% Ownership. 1 � Cok" - 65o 'y� 9101tal AbUAX-4. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 12, and (b) located within 375 feet of the subject real property. West Flagler Pain Care Center, Inc. JWWOR FOR OWNER Marty Cohen, Preside STATE Of FLORIDA } SS: !•`� COUNTY OF DADS } Marty Cohen being duly swum, deposes and says that he is the (OVA of the real property described in answer to question 01. above; tha • a • regoing answers ana that the scale are true and cmiste; and (if acting a attorney for owner) that he has authority to execute the Disclosure of Ownership fM an behalf of tm, owner. (StAL) rty, ohan St SWO11l10 TO AND SIMSCR before sie thi � 1 • 2�, ,day of �II•tary . State N itiriN at Large N1 COIg1ISStOR �1RlES: . i 9 4