HomeMy WebLinkAboutR-93-0130J-93-116(a)
2/25/93 93- 13O
RESOLUTION NO.
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,
PRINCIPAL USES AND STRUCTURES, TO WAIVE FIVE
(5) OF NINE (9) REQUIRED PARKING SPACES, AND
TO ALLOW A REAR SETBACK OF 11'-0" (20'-0"
REQUIRED) FOR THE CONSTRUCTION OF A ONE-STORY
STRUCTURE FOR AN AUTO CARE SERVICE FACILITY
FOR THE PROPERTY LOCATED AT 130 NORTHWEST
22ND AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED
AS LOT 40, AMENDED PLAT AND RESUBDIVISION OF
GLENROYAL, AS RECORDED IN PLAT BOOK 5 AT
PAGE 56 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, SUBJECT TO A ONE YEAR REVIEW BY THE
ZONING BOARD; ZONED C-1 RESTRICTED
COMMERCIAL; SAID VARIANCE HAVING A TIME;
LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
January 11, 1993, Item No. 1, duly adopted Resolution No. ZB 7-93
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 x_
of land and that practical difficulties and unnecessary hardships
exist which would impair the owner's right to the reasonable use
CITY COMM SEjoil
MEETING 0y,
-- FED' 2 5 M
Reimiulion N&
93- 130
of the property without the grant of a 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 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, Principal Uses and
Structures, to waive five (5) of nine (9) required parking
_
- spaces, and to allow a rear setback of 11'-0" (20'-0" required)
for the construction of a one-story structure for an auto care
i.
- service facility for the property located at 130 Northwest 22nd
- Avenue, Miami, Florida, also described as Lot 48, AMENDED PLAT
a -
AND RESUEDIYISION OF GLENROYAL, as recorded in Plat Book 5 at
_ Page 56 of the Public Records of Dade County, Florida, zoned C-1
Restricted Commercial, subject to a one year review by g the Zoning
Board; said variance having a time limitation of twelve months in
_
-
= which a building permit must be obtained, is hereby granted.
— Section 3. This Resolution shall become effective
'-
_ immediately upon its adoption.
-2- 9 3 - 130
`'-
DO,
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------ -- --
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Submitted into
record in Cormgctic,
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77777'��
att
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MOATGfAGE' DEED nAMCO'S FORM 6
M11io ffiorign3ar Pub, Executed the 29th day of_ Februaty
A. D 1988, by— CARLOS E. NUREZ, a single man
hereinafter called the Mortgagor- - to �ILBUR L. GAGER, a single man.
Atli t') uJ )' s+
hereinafter called the Mortgagee
WITNESSETH, That for divers good and valuable considerations, and also in consideration
of the aggregate sum named its the promissory note. of even date herewith, hereinafter de-
scribed, the said ,Mortgagor _ grant, bargain, sell, alien, remise, release, convey and confirm
unto the said Mortgagee___, „w. is heirs and assigns in fee simple, all the certain tract
of land, of which the said Mortgagor i s ' now seized and possessed, and in actual pos.
session, situate in Dade County, State of Florida, described as follows;
The East 45 feet of Lots 13.,and 14, Block 1 SUPERIOR PARK,
according to.the Plat thereof, as recorded in Plat Book 4
at Page 99 of the Public Records of Dade County, Florida.
and
The West:50 feet of Lots 13 and 14, Block 1, SUPERIOR PARK,
according`ao the Plat thereof, as recorded in Plat -Book 4,
at -Page 99 of the 'Publ is Records, of Dade County,' Florida
The parties recognize that this Mortgage is subordinated to a mortgage in favor.of
A. MICNAEL CLEIN`as'"Trustee; in;the original amount of .$ 32,000.00 dated ,June 19,
1970, recorded June.'220.?,1970' under.Clerk's File No. 70R115459. Said mortgage,has- bee
assigned through.mesne assignments to Lillian Alsofo_rm Lipner by assignment recorde
in ORB 8830 at Pg. 967 and ORB 8830 Pg..968 of the Public Records of Dade County,
Florida. I
The mortgagee herein agrees to pay in full the balance of principal, interest; expen
ses costs --and attorneys..fees, if any, resulting of the mentioned mortgage. In the
even", the mortgagee shall fall to do so, the mortgagor herein shall be at liberty .to
make such mortgage payments and charge.the amounts paid against any current or
ensuing mortgage payments due under.the terms of this mortgage.
The parties recognize that the�East 45 feet of the above described property was �.►_-
acquired through a County Tax Deed and it will become -necessary to have quiet title
proceedings to perfect the title. In the event the mortgagee does not comjplete the
quiet title proceedings.within one year from date hereof, the mortgagor my institute
and perfect such quiet title proceedings.atan expenses not exceeding the. sum of
$ 2,000.00, whi& amount shall be credited to the next ensuing mortgage payments to
become due.
In the event the mortgagor shall, before one year"from date, decide to pay the
balance of the mortgage,,the mortgagor shall be entitle to deduct a sum not to excee
$ 2,000.00 for the purpose of .instituting and completing quiet title proceeding.
I
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Subm.itte(i into ,the Public
record inion Irv'th
item an
i��c�tt
City cier
R / .
ZONING FACT SHEET
LOCATION/LEGAL 130 NW 22 Avenue
Lot 48, AMENDED PLAT AND SUBDIVISION OF GLENPOYAL (5.55) PRDC
APPLICANT/OWNER Carlos Nunez
2111 NW 2 Street
Miami, Florida 33125
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, Principal Uses and Structures, to waive five (5) of nine (9) required
parking spaces, and to allow a rear setback of 11'-0" (20'-0" required) for the
construction of a one story structure for an auto care service.
RECOMMENDATIONS:
PLANNING, BLDG 6 ZONING Denial.
PUBLIC WORKS No Comment.
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No Comment.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A
Affidavit of Non -Compliance issued on: N/A
Lien Recorded on: N/A Total Fines To Date: N/A
Coonnts : N/A
HISTORY
ANALYSIS There is no hardship to justify the requested parking and rear yard setback variances.
The proposal is for new construction of an auto care service center, therefore, it. should
be designed to meet all zoning requirawts. Reasonable use of the site cen be achieved
without the requested variances. The grant of these variances would confer on the
petitioner a privilege which is denied by the zoning ordinance to other properties in the
sue toning district.
ZONING BD At its meeting of January 11, 1993, the Zoning Board adopted Resolution
ZB 7-93. by a vote of 7-0, denying the above.
Two OPPONENTS and two PROPONENTS were present at the meeting.
Four replies AGAINST were received by mail.
9 .
APPLICATION NUMBER 93- 119 January 11, 1993 it"# 1
Page 1 12/28/92 .
93- 130
CRAM a. Raw
1115 S.W. is Ave.
Miami., Fl. 33135
(305) 643-4826
To: Teresita Fernandez
With Lettler Z am my desire to appeal the decision of the Miami
Zoning Board with repect to the matter concerning 130 N.W. 22 Avenue,
Miami, Florida 33125 (Lot 48► Amended Plat and subdivision of Glenroyal (5-56)).
93— 130
�l
Mr. George Barket
and moved its adoption.
offered the following Resolution
RESOLUTION Z3 7-93
AFTER CONSIDERING THE FACTORS SET FORTH
IN SECTION 1903.1 OF ORDINANCE 11000,
THE ZONING BOARD DENIED THE VARIANCE
FROM ORDINANCE NO. 13.000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, C-1 RESTRICTED
COMMERCIAL, PRINCIPAL USES AND
STRUCTURES, TO WAIVE FIVE (5) OF NINE
(9) REQUIRED PARKING SPACES, AND TO
ALLOW A REAR SETBACK OF ll' -O" ( 20' -0"
REQUIRED) FOR THE CONSTRUCTION OF A ONE
STORY STRUCTURE FOR AN AUTO CARE
SERVICE FOR THE PROPERTY LOCATED AT 130
NW 22 AVENUE ALSO DESCRIBED AS LOT 48,
AMENDED PLAT AND SUBDIVISION OF
GLENROYAL (5-56) PUBLIC RECORDS OF DADE
COUNTY (PRDC).
Upon being seconded by Mr. Arsenio Milian the motion
was passed and adopted by the following vote:
AYES: No. Morales and Basil&
Barket, Alonso-Poch, Milian
Fox and Sands
NAYES: None.
ABSENT: Mr. Luaces and Moran-Ribeaux.
Me. Fernandes: Motion carries 7 to 0.
Ja=mry 11, 1995 Ite# 1
Zoning Board
93- 130
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ST.T. F. F.T.11, I a I i
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PM,CN FCR VAIRIAN
FU* Nw"br V43•,.....
A vw1w es Le rW= dwt c/ the two of CM Wdtnanee WhWl BRA GftGn WO IMS bd
owum y to aw pUN@ (merest arc whopot awl to mottant 0,80Atar to um
ptWM7 and not Lim rowu at da9me df uw oppwoatu. Uteret! wyoresmwu of we
evo wwo we" muM CA tmeetsw y and w4m ha tWp an the praporty, AA uM fA
m allb ON o� • vwiwws Le arWm Ixsd."y f*' ks4ftle e4% else of 4
dmerosww of OWether qm opass and aOMM ar ledaw
r"reeRe " f= 3101J
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hweby► petition ft afy of AAlord 2+oeh
Offeelhl� properhy loe�d at 130 MW 22nd AVE tt1� cityest41
ip"Red .
In SJOWT ad w s appli=tw4 ft foilowkq material b aknd4ed with thb 4pptiee3im
XIX1. Two mom of a surer of she propsety prepared by o Stato of Roo! d
XXX
2. p� r eap�lest a ft sift a�+aMrif+O tequired� propoetr t+dart
my) arr0 pe+epwed its► �vei�o�,
end 41 Gh lero U *# 4o (fie end t� _ , Lu
reties, athd to*d etan;laps. w
3. Atfidaft dmidesbqe�w+ee dp pr+eprety =mod by appttedtwn ar+d
of interaet ! Qri�e i-N and ie;, ettaah t• eppt60ae:
4. Cw"ffed M of owms of teal ame wi*b 373F rm&n fmm ft wWft
ed+�
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1 dw!" J �r aovorsd by tI� "Okat" Fam ottteto
.. L At We* fm 000p+opiw tihet tt entire properly Ond W kWOVOI .
.� d. Other (*mom
�.. T. roe of $. to e111* towered to. earl! of baRoi d the following
mso mc?"I (raidod s 1 UM) $20L 00
for proA.treties of Pkm 10
by aae-wha. a w ft Ift $NLoa
03— 130
AA kstions far
*am $U7W-"A-of Aar arse of bWW
effmA Out
Surtl+er e*md to appliabie fee ft" iai-te absao. at to aacesaRl $f'�.0�
•� w• •� .,eye it trine is no 44,09d. (City Cait • S W"" (a,41)
(e) UtWW intemrstation of "" p� '43iou of the ZMAirq a would dowtys
'"®'" the Op IM" of rightl ctlen: mly anicy d by other PrOM11es in fs uom
ZM*q distrfst under ttw tole of the ZW*q Wdk%M and wVA4 wom
WC , and WWW hge4;w an the pstitiorw in rheas
- Because there are other building structures in the same zoning
District enjoying the use of there property with the sane or less
restrictions.
-Also , there are similar bussine"(auto/care) around the area with
less means for the use of there business and property then the ones
we are asking for in these variances. I feel that we would have more
parking spaces than any of business properties around, and I feel that
there are.suficiant parking spaces.
f the +�� site net ossdo Mn to pOtl %W my
POW OW to dw*W
in ft aim saw ddtlrkt its these -,
- There are properties already under the Conditions we ake a i ag for.
O
toy 1'The veep �'a�, is fie +minI� vW%n � � ffWW paw do.
bie uee of �e f , buaft% or d
- Cwwi(bw:U q thin type of ou tMM and lend spaoa , ssaller building
structure vouLd not be veuy useful.
93— 130
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- -41
STATt ZF TWAIZAl
)SS
C:VWfY OF OACS )
Onto" not the ww*jrgtqmw aythoeLty, this day pessonsiiy
f CAPUM syxlat
s ased subs being by sNlr fttst
duly mesa, upon oath► deposes mw $4711
1. ?us he is tho ow r, of cis bopol eepsossawave of
t1w owtos, seboletint the 400e00anyi" appbLsaatoa tee a public
ft"rtnp u "Lamed by O"&&am* 11000 of Uw Code of the City of
Pt, MU, nest", e1166194" tM seal paepsstj t+ssssal La the City
of D &ML, u dsassib a ad bissar *a to pow asuamm Qa tho
it=Shc W&S 4" soft a pass thamst.
2. seat all ow"" VMS& im "► ALL ifty, haw
Stma thsls full 4" *swam gsssLosLea tas hisr to astl.b► tHels
bs"bt tax tw ebam s of spatlsatiatt of a eia sLti+e tine or
gspbasiott of sMLM r set sus is to meows" wuf6w.
l• 't' " Me p"m 4sssao0 M boom sal a pose of
this atpl"oie owls as sit mm naw$* MILL" aiYsesoss,
phow asa04ss aM LOW M Wel"Lass tee tts seal psspany Which
he is aw @"w oo 1401 1ePI - v a to Uve.
®• IN tam 4w osd
Ilsssoffits !s omjwwum visa Was attiivis 4" tow
cat srasswtt.
fr nbw atsasots *oleo on.
tip
own to am""mood Isssla as
of '� a ...., wr.-1�%:�►
r�BMW
f Kia, tease *9 11 recta as t o t
93-
ui► Co�srf�on t�isi►sr
atr��i aN
130
f
1. L"" dssacs)mm aM stsstt tldens of Solon xaal "Operrp
00 IN 22nd Avenue.- Miami, Florida, 33125
LV AL OLSCBInION: Lot :8, "A!i®! = FLAT AM SUINVISION OF GLEnOYAL"
Fiat Book S. Faoe Sb.- We County, Florida.
L AMC(a) Of all" t' d I N IF "Rr UM POMA114" Of eVnstsAilp.
40ts+ City o! !410M 09dinaVe ft. ials T9*A ws CWAOMnrr of aim paseus
'a Tnv a hawwsai intatfst. tisnae dine cc inlina. in tw suoioet
msttst of a Pcosontstion, nwmt of rMstioe to aw City Canioeion.
Aaaacdirnlly, qwwtton *3 co p&css disolown ee all shamoidsca aE
ara'WWWAGm t — lcwwUw of Hulas• mWov &W Deana' unervaW pm&ss,
taPtnsc with teak atk soar ad pzopmIayss intacaet.
- 100 3 Glasser. E. r4vnPZ (4"7
3. SUM adfcr" of ate twit 018" I tt" 1 a) 2
Owned aY wr IMY lisp iA artave to aa, MA tef loses+" WNPIA
V$ ;tat of tee wnew ewst popes".
- naw
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amm
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gm a Ral�ou dire
Ma a & r
cue" a r bm" 441 saw, dwaid
ftow nd is aaews to •l, dww so to ew 2"d go
swam WA am an ae aw to tail down o) ad (w OMM w 4%Wwy
am men) teat of am awseoetty t. at
fw as WSW" d as sows
(ate aa
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wseaa awaaias
93 o+.w.As K LaL'+sa .,,
91
130