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
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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