HomeMy WebLinkAboutR-93-0063J-93-36 (a )
1/28/93
RESOLUTION NO. 93- 63
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING THE VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, C-1 RESTRICTED COMMERCIAL,
PERMITTED PRINCIPAL USES, TO ALLOW A SIDE
YARD SETBACK OF 3'-8" (5'-0" REQUIRED) FOR AN
EXISTING ADDITION TO A COMMERCIAL STRUCTURE
(PORTOFINO III, INC.) FOR THE PROPERTY
LOCATED AT 4675 NORTHWEST 7 STREET, MIAMI,
FLORIDA, ALSO DESCRIBED AS LOT 15 LESS THE
SOUTH 8', BLOCK 4, LEJEUNE GARDENS ESTATE, AS
RECORDED IN PLAT BOOK 40 AT PAGE 37 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA; ZONED
C-1 RESTRICTED COMMERCIAL; SAID VARIANCE
BEING SUBJECT TO THE FOLLOWING CONDITION:
APPLICANT SHALL PAY AT LEAST FIFTEEN PERCENT
(15%) OF THE SUM OF THE CODE ENFORCEMENT
FINES ACCRUED TO DATE ON THE PROPERTY PRIOR
TO THE ISSUANCE OF A CERTIFICATE OF
OCCUPANCY; FURTHER, HAVING A TIME LIMITATION
OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
November 23, 1992, Item No. 1, duly adopted Resolution
No. ZB-115-92 by a seven to zero (7-0) vote, denying the variance
as hereinafter set forth; and
WHEREAS, the applicant has taken an appeal to the City
Commission from the denial of the variance; and
WHEREAS, the City Commission after careful consideration of
this matter, notwithstanding the decision of the Zoning Board,
finds that there are peculiar circumstances affecting this parcel
CITY comussion
KEETING OF,
JA N 2 9 1993
Resolution Um
93-- 63
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of land and that practical diffioulties and unnecessary hardships
exist which would impair the owner's right to the reasonable use
of the property without the grant of variance as hereinafter set
forth;
NOW, THEREFORE, BE IT 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 in
this matter is reversed and the request for a varianoe from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City
of Miami, Florida, Article 4, Section 401, Schedule of District
Regulations, C-1 Restricted Commercial, Permitted Principal Uses,
to allow a side yard setback of 3'-5" W -0" required) for an
existing addition to a commeroial structure (Portofino 111, Inc.)
for the property located at 4675 Northwest 7th Street, Miami,
Florida, also described as Lot 13 less the South 0', Blook 4,
LeJeune Gardens Estate, as recorded in Plat Book 40 at Page 37 of
the Public Records of Dade County, Florida, zoned C-1 Restricted
Commercial, said variance being subject to the following
oondition: applicant shall pay at least fifteen percent (15%) of
the sum of the code enforoement fines aoorued to date on the
property prior to the issuance of a certificate of occupancy;
further, having a time limitation of twelve months in which a
building permit must be obtained, is hereby granted.
93- 63
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Section 3. This Resolution shall become effective
immediately upon its ,adoption.
PASSED AND ADOPTED this _28th day of
ATT T
MATTTHIRAT
CITY CLERK
PREPARED AND APPROVED BY:
Q'I, �z a&',- -
x M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
M3354/IMA/bjr/bss/osk
XAVIER L. VUAREZ, MAYOR
93- 63
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LOCATION/LEGAL
APPLICANT/OWNER
4675 NW 7 Street
Lot 15 less the S 5' thereof, Block 4, LE JEUNE GARDENS ESTATE (40-37) PRDC.
Portofino 111, Inc.
48 E. Flagler St. (PH 101)
Miami, Florida 33131
373-6541
Jorge Articls, Agent
11171 SW 60th Terrace
Miami, Florida 33173
446-3631
ZONING C-1 Restricted Commercial
REQUEST Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Article 4, Section 401, Schedule of District Regulations, C-1 Restricted
Commercial, Permitted Principal Uses, to allow a side yard setback of 3'-5"
W -O" required) for an existing addition to a commercial structure. (Portofino
111, Inc.).
RECOMMENDATIONS:
PLANNING, ILDG & ZONINis Denial.
PUISLIC WORKS No Comment.
PLAT AND STREET N/A
CADE COUNTY TRANSPORTATION No Comment.
ENFORCEMENT HISTORY, IF ANY C.E.R. Case No: 92-150 Last Hearing Date: 01/29/92 Found: GUILTY
Violation(s) Cited: Working without a permit, building and/or roofing, etc.; Encroaching in
required yards/open space.
Affidavit of Non -Compliance issued on: 04/28/92
Lien Recorded on: 05/18/92 Total Fines To Date: N/A
Comm ts: Ordered to comply by 04/27/92 or be fined $150 per diem.
HISTORY
ANALYSIS There is no hardship to justify the requested side yard setback variance for an existing
addition to a commercial structure. The addiction was built without the benefit of a
building permit and the required setback area should have been maintained. There are no
special conditions or circumstances which are peculiar to the land or structure involved
which are not applicable to other lands or structures in the same zoning district. The
addition poses an undue encroachment into the side yard area of the lot and is an
overbuilding along the northern boundary of this particular site. The submitted plans do
not depict the existing and/or proposed use of the addition to the commercial structure.
ZONING BOARD At its me®tiM of November 23, 1992, the Zcning Board adopted.
i#oltztian Zia I15-92, denial of the above by a vote of
f
7-0.
_ One reply in FAVOR ma received by mail.
APPLICATION NUMBER 92- 110 November 23, 1992 1temM i
Page 1 9 3 10/27/9
., 3
Yes No N/A
X
X
X
X
X
ANALYSIS OF PROPOSED VARIANCE
APPLICATION RMER 92- 110
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 an indirect
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 saws 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.
November 23, IM itent 1
Page 2 10/27/92
93- 63
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Mr. George Barket offered the following Resolution
and moved its adoption.
RESOLUTION ZB 115-92
AFTER CONSIDERING THE FACTORS SET FORTH
IN SECTION 1903.1 OF ORDINANCE 11000,
THE ZONING BOARD DENIED THE VARIANCE
FROM ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, C-1 RESTRICTED
COMMERCIAL, PERMITTED PRINCIPAL USES, TO
ALLOW A SIDE YARD SETBACK OF 3 ' - S " ( 5 ' -
0" REQUIRED) FOR AN EXISTING ADDITION TO
A COMMERCIAL STRUCTURE (PORTOFINO III,
INC.) FOR THE PROPERTY LOCATED AT 4675
NW 7 STREET ALSO DESCRIBED AS LOT 15
LESS THE SOUTH 5, BLOCK 4, LE JEUNE
GARDENS ESTATE (40-37) PUBLIC RECORDS OF
DADE COUNTY.
Upon being seconded by Mr. Arsenio Milian the
motion was passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Moran-Ribeaux, Alonso-Poch
Barket, Milian and Sands
NAYES: None.
ABSENT: Mr. Ronald Fox.
Ms. Fernandez: Motion carries 7 to 0.
November 23, 1992 Item 1
Zoning Board
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DECEMeER 7r 1943
I
CITY OF MIAMI
i
To whom it may eoncaxn:
I, FORGE ARTILES ant appealing the decision agxeod
upon on NOVEM,BER 23, 1992, of the zoning board of Miami.;
I am located at:
4675 N.W. 7th STREET
M2AMI, PLORIDA 33126 I
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TOLEDO VILLA$
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PETiTiON FOR VARIANCE
0
Fite Number V-83-
A vertance is relaxation of the towns of the ordinance who" such action wttl not be
contrary to the "to interest amd tahere, owkV to conditions peculiar to the
property and not the recant of actiots of the applicant, titsrel enforeement of this
ordinance world result in unnecesedry. and undue ha cWdp an the laWarty. As used in
this or dlnarwe� at valiance is autitarited. onty for height, arseo else of strua =44
d1mansions of yarts asW Other open "ass and of (street narigRi; or l
ro*&@ enta. (Section 1�301)
to v r (1 nr4IS Jhereby petition the City of Miami Zoning
Doors or a vwM ee from the terns at the "Zoning Ordinance of the CYty of Miami,"
affecting property located at tl&Zj: wi!j_ 2 5a: Miami, as
specif led below.
In sta part of this application, the following material Is submitted with this applications
—,,,_ I. Two copies of a survey of the property prepared by a State of Florida Registered
Land Sur v*M.
J 2. Four c*es oh the site plan showing (ae rewired) property boundities4xistinq
Of arty) MW proposed structure(s)• parkhi% lambew M etq building el�eaitias
and dim nsia m and eonWAartiane of lot area (gross cnd net), building spoc LU
rartios, and height envelope- — -,
3. Affidavits disclosing ownership of property covered by application and disc -Sure
of interest form (Forms 443 and 4a83, attach to application).
Z4. Certified list of owners of rural estate within 37S' radius from the outside
boundaries of property covered by this application. (Form 6-03 and attach to
application.)
S. At least two photographs that mow the Entire property (land ar.J improvements).
6. Other (gpeaqy)
7. Fee of $ =to apply toward the cost of processing, based of the following:
(a) RS, RC-1 (residential uses) $200.00
(b) For penetration of Plane III
by antennas and the like $SM.00
(c) all other applications for
each request varionce $0.0 7 per sq.f t. of floor area of building(s) =`
from the ordinance minimum - $550.00
(d) Surcharge equal to opplicoble* No from W-(c) above, not to exceed $550.04 _
to bp refunded if there is no appeal. (City Cede - Section 62-61)
;WC
63 7
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(c) Literal interpretation of the provisions of the zoning ordinance would dearive
the applicant of rights commonly enjoyed by other properties in the lame
zoning district under the terms of the zoning ordinance and woulb work
unnecessary and undue hardships an the petitioner in than
`The petitioner is unable to enjoy the complete use the property due to the fact that if he
demolished the storage he does not have these area which is necessary for the supermarket to
survived
(d) Granting the variance requested will not confer on the petitioner any special
privilege that is denied by the Zoning Ordinance to other lands, bui_4ings, or
structure: In the some aming district in thah
The petitioner with much sacrificed purchased said property and is trying to bring to ce�apliancc
the violation left by previous owners
(e) The variance, if granted, Is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
'the variance, if granted, will allow the completion of the necessary supermarket storage, which
will enable him to survived as a supermarket an comply as required
93- 63
, ,. S. The Variance requested is for relief from the provisionx of Section of
the City of Miami Zoning Ordinance as follow =
Schedule of district regulation page minimum open space requirements 10.00' required
4.0' on the North side requested for the set back
.9. in support of this application, the applicant Is prepared to offer the following
evidence, on the point enumerated at Subsection 3103.1 of the City--sf ilium
Zoning Ordinances
Note: 7Tds application cannot be accepted for Zonlnp Board action urj!�ess bi the
following s(z Items are completed. -<
(a) Special conditions and circumstances exist which ore peculf+dr to the land,
structure, or building involved and which are not opplicobiejo other lands,
structures, or buildings in the some zordng district In thah Mit ev(dedre to
be produced and use additional sheets, If necessary.) —_
The special condition and circumstance exist in area peculiar to land and structure existing
storage on the north side of the property. according to City of Niiarni record indicate the
previous owners added to the supermarket an illegal storage.
(b) The special conditions and circumstances do not result from the actiana of
the petitioner In thott
The petitioner was not intentionally or knowingly responsible for the violation since the only
thing she did was purchase the property in question.
93- 63 q
1-9
(1) The grant of the variance will be in harmony with that general intent cano
purpose of the Zoningt Ordhxwce, and will not be injuriount to the
nolghbarhoodg or otherwise detrimental to the public welfore.
the variance will result in the enhancement of the Propetty which in turn will benefit the
neighbothood and increa-se its value.
Note: Aft dce:tttnent% reportst studies, exhibits or othor written or grgWc material to bs
saibmitted to the Zoning boafid aha t be sttbnnitted with this catimu
Signature
wn AutnorlZed Agent
Norco fO
Address uJ Tart -
STATE OF FLORIDA) SSt /�lA� i ,� � 3 �,� 7,3
COUNTY OF OAOE ) ' J J
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ov e& c i i c t .9 being duly scram,. dimes *d
xM t t t o ) of the real preparty-�
answer to gtxwIan it, above; that he ho read the foregoing answers and that f ttor we
Into OW Con. lots; and (if ettlnq as agent for 0"IM) that he has authority to 7:noeettte this
petition on behalf of She owner. ' -',
(SEAL.)
or�t
SWORN TO AND SUBSCRIBE?
before,me this /. -r day of / ' �• : .. .
nary Public,, StateAi oriaa at L.at40 =
93-- 63
MY COMMISSION EXPIRESt
10
Form f -83
i
41
STATE OF FLORIDA)
ySs
COUNTY OF DADS
Before me, the undersigned authority, this day personally
appeared 'mUR ARrlS , who being by one first
duly sworn, upon oath, deposes and #ayes
1. That he is the owner, or 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 real property located in the City
of Ki mi, as described and listed on the pages attached to this
affidavit and made a part thereof.
3. That all otmers which he represents, if any, have
given their full and complete permission for hilt to act in their
behalf for the change or modification of a classification or
regulation of toeing as set out in the accogWyinq petition.
3. That the pages attached hereto and made a part of
this affidavit contain the cwrent names, sailing addresses,
phone numbers and legal descriptions for the real property which
he is the owner or legal representative.
4. The fects as rsprosented in the application and
documents enbaitted In Conjunction with this affidavit are true
and correct.
further . Af f iutt sayethi not.
� (SEAL 1
(NOW) JftZ AR7UU
Sworn to and Ube ibed before as
this Z day of M. 9—fag"',
Notary—ubl State of tior
My Comoission Expires: r--
4,
93- 63
®lRl7� V• r���
:. :Ogee descr:;t1a1 ad Street add"" of s=,er rest prgMrt;f:
Lot 15 less the s. 5' thereafo Block 4. LK J$[1!/g GARDR1i9ESTATE
446-37?of the Public Records of AYade Couty, Florida.
2. Oww (a) of teal property and percentage of ovnershi0.
40tes City of MOM Ordindnoe tic. 5419 erlrpirss disclosure Of all partlies
:Iavxnq a financ►al interest, esther direct or india+ect, in the suoject
matter of a presentation, request or petition to the City Coewtanton.
Acrordin+gly, question *2 requires disclosure of all Shareholders of
axporstxons, beneficiaries at trusts, arWoe any other sAtetested parties;
tolower W&W thesr addr*ssas and pcapot tau" interest.
PGRTOFM zzi, IN. toot
1. W9" description and street addresat of any real property ( a )
Owned
feet y�Y listed in eewer to �ie stn 02• and (b) lo=tad withLn
375 susjece real p mparty.
•r: i
dM Or Mwa ) it
CMM Cram )
JORGZ!man r b" daly St+cairtt, deposse ad
S&P EM ne is tas t Nner thttacmw IN Owner) of the real properry
dasmibed in answer to gusticn •1# abut thee to has weal site tareQoirq
am WWS and than tete SMS earn WA and aarpletat and U! 4WIM as etearnsy
for owner) teat he has authrity to ex"M this 0 Of A+nerehip
rasa anWWII at me oww'.
NOTARYtAL
NANCY RODAtMd
NOTARY PURUC 5rA7a€ OF
�r ►t1f ►�[t96a7Ft t • JD
tom• Defers 1 M 0
of �2 ,• ' 63
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�,,,�** ' S 't anwt FOEi^tiFIIOZ I
4675 RU 7th Street.
"@it9Rc^@ V�sttr
ISIAI)tt0 I.F.RilO(Secreta373-6341
Lot 15, leas the S. S' thereof, Sleek 4,
LE JMM C.�AORMS BSTATE (40-37) of the
Public BEcords of Dade Countr,Florida.
iti+fler' f yea!
Mailing Address
'telep�sona rr�noar
Legal Description:
Owner's Name
Mailing Address
Telephone MUM
Legal Description:
Any other real estate proverty owned individually, jointly* or severalty
(by corporation, partn"IP or privately) within 97S' of tlfe subJOCt
site is listed as foil"$:
Street Address L"91 Description
Street Address
Street Address
1 mai mcri oti on
E`e4s1 pgpSCrip!!2A
9 3•- 63
/3
ERmA Y w RAN
REGISTERED REAL ESTATE BROKERS
AS E. >~LAGLER ST. (PH 101). MIAMI, FLORIDA 33131 TELEPHONE (") 373-W41
ISIDO,RO LERMM
JORGE LERMAN
October 21► 1992.
RE: PORTOFINO III INC.
FOLIO # 01-3132-006-0300
To whom it may concern:
• PROPERTY MANAGEMENT
• COMMERCkAL
• INVESTMENT PROPERTY
The undersigned, Isidoro Lerman, Secretary of Portofino III, Inc. a Florida
Corporation doing business as a meal Estate Operator, and the owner of the
Shopping Center located at 4675 N.W. 7th. Street, Miami, Florida,
- do hereby authorizes Mr. JORGE ARTILES, to appear in our behalf and to
do whatever may be neccesary to obtain permissions, licencenses, variances,
extensions, etc. that he may need from any City or County authorities.
- we will appreciate your cooperation to Mr. Jorge Artiles.-
Very truly yours,
Portofino III, Inc,
Isidoro Lerman, Secretary.
Sworn to and subscribed before me this
_day
of
r.�
rge.
93- 63
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