HomeMy WebLinkAboutR-93-0214ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 6, SECTION 602, SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT, TO WAIVE NINETEEN
(19) OF NINETEEN (19) REQUIRED OFFSTREET
PARKING SPACES FOR THE EXISTI14G RESTAURANT
(TRATTORIA PAMPERED CHEF) FOR THE PROPERTY
LOCATED AT 3145 COMMODORE PLAZA, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT.
WHEREAS, the Miami Zoning Board at its meeting of
September 14, 1992, Item No. 2, duly adopted Resolution ZB 95-92
by an eight to zero (8-0) vote, denying a variance as hereinafter
1
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 finds that the grant of a variance would exacerbate '
the present. deficiency of parking requirements in the Coconut
Grove.Central Business District to the injury of the neighborhood
and as a detriment to the public welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY CON39MON
IKEETIN G OF
MAR 2 a 1993
93— 214 :
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section 162 Th+e recitals and findings contained in the
Preamble to this Resolution are hereby adopters by referenda
thereto and incorporated herein as if fully set forth in this
Section.
section 2. The decision of "the Miami Zoning Board in this
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matter is affirmed and the request for a variance from Ordinance
Mo.,11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, Article 6, Section 602, SD-2 Coconut Grove Central
Commercial District, to waive nineteen (19) of nineteen (19):
r{e.
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required offstreet parking spaces for the existing restaurant
(Trattoria Pampered Chef) for the property located at 3145
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Commodore Plaza, Miami, Florida, also described as Lot 9,
Block 2, COMMODORE PLAZA, as recorded in Plat Book 18 at Page 25
of the Public Records of Dade County, Florida, Zoned SD-2 Coconut
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Grove Central Commercial District, is hereby denied.
Section 3. This Resolution shall become effective
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immediately upon its adoption.
PASSED AND ADOPTED this 25th day of March 1993.
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IER L. U Z; INWOR
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ATTES
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MATIY HIRAI, CITY CLERK
-2- 93- 214.
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20*1N6 FACT SHUT
LOCA'iIOM/LEGAL 310 Commodore Pit"
Lot 9,.Nlock 2, C0100004E PLAZA 06-2S)
APPLICANT/OWNER hatter S. Falk Juan Valverde Domsinqual
47o0 ilicayoe Nlvd 2333 Briekell Avenue #1902
Miami, Florida ' 3312S Mimi, Florida 33129
573.M 858.5335
ZONING $0.2 Coconut Grove Central Commercial District
REQUEST Variance from Ordinance No. 11000, as WoMded, the Zoning Ordinance of the City of
Miami, Article 6, Section $02, SO-2 Coconut Grove Central Commercial District, to
wive nineteen '(19) of nineteen (19) required offstreet parking spaces for the
existing restaurant (Trattoria Papered Chef).
RECOMMENDATIONS:
PLANNING, NLOG i ZONING DENIAL.
PUSLIC VOW No" Co4IKnt.
A PLAT AN STREET, N/A
DADE COUNTY TRANSPORTATION No Casement.
ENFORCEMENT HISTORY, IF ANY C.E.N. Case No: 91-U Last Hearing Data: 06/12/91 Found: GRNTD•EXT.TIME
Violation(s) Cited: No Certificate of Use (EXCEEDING CERTIFICATE OF USE).
Affidavit of Non -Compliance issued on: N/A
= Lien Recorded on: N/A Total Fines To Date: N/A
Comments: Heard on 1/16/91 • Found guilty accepting stipulations and told to
amply by 5/23/91. Extension of tits given till 10/10/91.
HISTORY This Jim on continued to June IS, 1992 from the Zoning Ward Hearing of March 16, 1992,.
for the staff to Prepare a parking study to be bm*t befom the toning Board. Applicant
f"Qauted a`tontinsmance to Septemmmber 18,_I992 that was granted by Rss. 63-92 by a 8.0
vote.
ANALYSIS Thera is no hardship to justify the requested -variance to waive the nineteen (19) required
parking spaces for the proposed restaurant. this establishment originally opened as a
take -art food service., It has since expanded illeg8lly to include a sit down area which
requires parking' There are no special. conditions and circumstances which exist that are
peculiar to the building and land involved arcs which are not applicable to other buildings
and tared in the sm toning district. Granting the variance requested will confer on the
petitioner special privileges that are denied by this =oninq ordinance to'other buildings
and land in the sass toning district. The required number of parking spaces should be
provided for the protection of the neighborhood. The grant of this variance would not be .
in harmony with the general intent and purpose of this toning ordinance and will be
injurious to the neighborhood and detrimental to the public welfare.
APPLICATION NURSER 92- 1$ September I41 IM item# 2
Page i
1f ; G` 1�OA11�
At it� otitag
of Stptarber 1992, .•,Za�iali� . gird ` adopted , >-
h f
tk 61 En It 93.92,
by as vot' oil 8..0 e.` r coWadding denial df
the jbbve
Nine -op=
and one PROPONENT were present art the seating.
i.,
1'hraa repltear AG_ NST were Waived by maul:
CITY COMMISSION
At its matting
of October 22, 1992, the City Commission continued
the above.
-
At ' itaa aeaatins
of hove tuber 12, 1992,, the City.; Comission contiaa+utd -
the Abo*e.
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At its meeting
of January 28, 1993 the City Commission continued
the above.
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ANALYSIS OF PROPOSED VARiAkf
APPLICATION NMER 92- 18
Yes No "A
X
Speciai conditions and circumstances exist whiC4 'art
peculiar to the land, structure. or building involved
and which are not applicable to other lands. str+cturss, or
buildings in the sere zoning district.
X
The special conditions and circumstances are an indirect
result from the actions of the petitioner.
X
Literal interpretation of the provisions of Zoning 0-dinance
11000 deprives the applicant of rigSts commonly 'vioyed by
other properties in the sane zoning district under tht terms
of this zoning ordinance and works unnecessary and undue
hardship on the petitioner.
X
Granting the variance requosted conveys the same trtataent
to the individual owner as to the owner of other lands,
buildings- or'structures r in the same zoning district..
X
The variance, if granted. is the m%iWA, var{anco than rakes
possible the reasonable use of the land, building. or,
stmecture.
X .
The grant of, this variance is in harmony with the generai
intent-, and purpose of -this zoning- ordinar ind is not
,
inluriovi to the neighborhood, or otherwise Ao tHwntal to
the public `wolfare.
MS
Teresita
Chief
Hearing
�. ��•
' cirRO
iratt
orta par�npered Chef Corpo�atlan
a
Fernandez
w
Boards Division
D ear Ms Fernandez:
We hereby request an appearance oe'QKv ""0 �..,
• t®a appeal the variances denied ,by the
Commission in order pp roved, these
Board on September 14tb, 1992.If. approved,
Zoning parking spaces
variances would allow us to get the p
required for the restaurant. _.
Mr. George Barket of€ered the following Resolution'
and moved its adoption. I
RESOLUTIO�t ZB 95-92
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 6, SECTION 602, SD-2
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT, TO WAIVE NINETEEN (19) OF
NINETEEN (19) REQUIRED OFFST•REET PARKING
SPACES FOR THE EXISTING RESTAURANT
(TRATTORIA PAMPERED CHEF) FOR THE
PROPERTY LOCATED AT 3145 COMMODORE PLAZA
ALSO DESCRIBED AS LOT 9, BLOCK 21
COMMODORE PLAZA (18 25) PUBLIC RECORDS
OF DADE COUNTY (PRDC .
-i� Upon being seconded by Mr. Ronald Fox the motion
was passed and adopted by the following vote:
AYESs Ms. Morales and Basila
Moran-Ribeaux, Barket, Milian,
Alonso-Poch, Sands and Fox
NAYESs None.
ABSENT: Ms. Perez -Nodal, Mr. Luaces
Me. Fernandez: Motion carries 6 to 0.
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In support Of appl1eatt4r4 the tollawing enatotial Is Kbr*+tttoo with WS aatplieaitlaft
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beat"iao of preMtlr owarsd this apptleatten. Flom 4a at�d ast+eeh : t.
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2333 Brickell Ave.
STAM OR FLORICA) S* ..Miami, FL 33129
COUNN (Xr OAS. i
JUAN MWROA Raw IN o Z �fb1l � + d"Wes and
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wwor gw�t� 01 abtwrp Cleat h. itr0 QW*s s and the � are .
trace' and ea"Ist" a w Qt �skv as awn nee) that he he a ftWity to a this
petltion an b.holt of ft owner.
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STASt of tLO1lOM
:OS1N'!Y 3r out >
Wave, a, the undarslpn�d fuchority, this day personsily
appeased. �,y. Q v Q d Q DOM ^ 4 velmo beitfp by me llrot
dvly O"rn, upon adth, depoess and fare
1. That he is the ovnor, at the legal representative of
the orris, lu Lttinp tht , 46COG YLAI ,opplieaeton: for a pub lt:
toss.=lrq as rwpLr d by Ordlnanee 11000 of tm CO" of the City of
hifsi3. tlestds, etlesxind the real property located in the City
at Kim"$ as deearibed MW listed on sbe pages atteemm to this.
at 9 idavit Ow suds a pus them t .
s.. Tim%:all oraess wish he rsp"eenes, it any, nave
44ra tares tall sad esMleso pessLLfsiea tee IUA to On in their
beftialt tee sic a% age of w"lleaslea of • elaasitieation or
re"utioa et sow as set was in the fseosoa ymo pesictoA.
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KNOW ALL MEN Alf THESE PSENTS,j, that WALTER S. FALK (Grantor),
has and does hereby appoint'U'JUAN VALVERDE DOMINGUEZ {Attorney -in -
Fact) as Grantor's Attorney-;In-4?&ctwith regard -to , the:fa-lloviinq
Co property owned by Grantor in the City oI Mi i . a.m uiityof Dads,
State of Florida, to wit:
Lot 9P Block 2, CONYODORS PLAZA-SUBDIVISZOUl.accordinq
to the Plat thereof, as recorded In Plat Book 18, at Page
25 of the Public Records of Dade County, Florida more
commonly known as 3145 Commodore Plasas Miami, Florida
33133
for the purpose of.prepaxation and submission of applications and
other required documentation, in connection with a variance for
p&rkinq as to the above described property and to sake appearances
in connection therelwth before the City of Miami and all of its
Boards and Departments. Such appearances shall be an if mads, by
Walter S. Falk and neither his personal presence or the presence
of any other representative of Walter S. Falk shall be required in
connection with appearances of - saAd -Attaracy-In-Iract at hearings
before the City of Mani or any of its Soards and Departments- The
authority granted hereabove shall include such incidental acts as
are reasonably required and necessary to obtain such variances.
Except as herein provided, the Attorney -In -Fact shall have not
power or authority to act for and in behalf of the Grantor as to
such propert or otherwise. This Poomr of Attorney shall expire
within six (1) months of the date hersof unless renewed in writing
and the Grantor reserves the right to terminate this Power of
Attorney prior to the expiration of six (6) months by sailing
Witten, notice thereof to the Attorney -In -Fact and it a petition
for zoning variance shall have been filed by the Attorney -In -Fact
with the City of XLsmL by furnishing copies thereof to the City of
Mani.
All filing fees and Other expensest costs and charges in
connection with such petition for XOMLAV variance shall be borne
exclusively by the Attorney- IA -Fact r the Grantor shall have not
liability whatever for the same and the Attanisy-In-Fact shall save
the Grantor harmless therstrone
iM minsi 1t MU07s, the Grantor has executed this instrument
*-on the 31st day of October, 19916
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David �
JAN29 �9ASSOCJ
1144R01
4225 Salzedo 5UUt
Coral Cables, Florida 33146
.,
Mat' % 27; -1�-
93�. 21
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f Aeview of the analysis and rewmmendatioM however, should be viewed in the coat=
of Coconut Grove as a unique environment. The Central Business District is a
compact area of less than half A mile across. As such, and due to the nature of :the
land uses, pedestrian traffic is prevalent. Therefore, parking in one area and walking
i
to other areas of the CBD is common. For pub of data collection, parking
information was gathered for each of four subareas (districts) in' the CBD.
Nevertheless, each district interacts with the others and no district can be effectively.
isolated for . data collection and analyses purposes. For that reason, the conclusions
of this study are based upon areawide totals of the aforementioned information.
The parking inventory includes both off-street and on-stn:et, public and private, as well
as commercial and patron parking. 'total parking supply available to the public; on
weekend nights is 2.300 spaces An additional 1,..00 spaces are not available because
they are used as valet parking, are closed on weekend nights, or belong to vacant
buildings. Parking accumulation was meas4md on a weekend night to establish gh usage
during the highest hour. The toeawted usage tires b=me the base to estimate the
cx�l: demand: i oral Wtwed area weekxnd night parking demand is 4.200 Spann.
�•=znz 3vil MP would Mal-, g0^ spaces amaiiabie increasing the CaStIng suppl;• :c
32W spars :&.dditionallc. the supply would be increased bti- 350 soaces due to
planned parking facilities, potential use of unavailable tots and periphery parking, the
resultant unmet demand, therei'ore, would be 650 spaces.
'err
I*ADDITIOM DOTE By TM pLx=njG, BU=IM AND ZO2t M DZpRli'i'l =2 *�f
Be<sed on the figures stinted above, the current estimated demand
is'4200 spaces and the existing supply is 3200 sppees; thus, the �
real resultant umnnt demand is currently 1000 spaces; this is
- ^�•��*� of the fact that the 350 planned spaces, mentioned above, M,
Finally, parking requirements, based opt the existing parking code, were tested. �s par,
of that calculation, parking requirements for nighttime .uses (restaurant, retail, cheats:
were also reviewed. Additionally, in as much as . outdoor retail and restaurant areas
-generate patrons. (and consequently parking demand), parking requirements for these
j
areas were also estimated ewes though the parlri,ng code now waives parking for such
are= ne nighttime parking requirement for the area them would be 4,100 spaces.
Ibis requirement similar to the kin demand. Therefo it can be
red en is very parking rG
ccmcluded that the current parking code, if expanded to include outdoor uses ai
consistendy applied, would s tisfy the nighttime requirements of Coconut Grove.
The present deficiency in Coconut Grove is, therefore, a result of outside factors sue
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as grandfathexed uses and the lib-. Recommendations to resolve these deficiencies a
listed below.
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INUMEjDtA'i'E EN&J NG AC MOIYS
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5= LIjiiizcion of The gusting Parkins SuA�14
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Kcal or.niaations (such: as the Chamber of Commerce or the: Coconu- :'
f
Grove Parldrnj Committee intawoven with Cm representation) should` oe
t
designated as the Parking Clearing House for Coconut Grove. This
orgnnindon would have the responsibility for coordinating publication ;
S-3
93-- 2,1