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Home My WebLink AboutR-93-0755U--M-870(a) 11/23/93 93- '755 Pzsa=cff No. ! •t • N I lal E•a // ' 1 r D •1 • !"aiE • ••i IDilia(N kl N N' !•Ar i 1 f / / ••r!• •a N D •I. • 041 air • i ' DIM •1 • rM EN al HS I• !f • • r - f ` • I! ` t•'N Ir •ii �t1' al ! • N ' rli ft r al E • • • N ■IN •f Y (•' IN VAR oil DID DID Di $I i•G • Nrl1 i • al i! • • 1 :1 • D!f'ar • i • r' f!' •' Er' Nli !i lair •,f - - :1• • at al r is • air • •• r n /! y No 2is r ' : ■ i / ' • IN fl r ' N al• • .a la( Ml N •1 fl E Ir • ai •( /R E / ve • i 1~ !/ DI! •i :+ lai ••1 •a - •1 air N N N • 1 *goal d'+! al !! G! p 1••!r Dt I DI la( • (•• 410 ' i " ! • N N •! ' • al ilr !1 r• N `I • '+f rr alr 1 R 1 • " it •N Ii it f • / 1 ai• r • ali '• a+ I: ai• • • •,!, • i ` 11 I I oars • r • /r C• .i `� •!' •ft In oil • N la(! lai' • ' all /E: Ir •• • D11 . • D(i M al iN !i M d 1 r : N r/' U •1 N' i DI' • 'diiulai • t CITY COMOSSION G; `A Resolution No. k ;. 93- 755 WHEREAS, the Miami Zoning Board, at its meeting of September 20, 1993, Item No. 1, duly adopted Resolution ZB 85-93 by an eight to one (8-1) vote, granting a special exception, subject to conditions, as hereinafter set forth; M1 WHEREAS, five appeals have been taken to the City Commission by neighbors from the grant of the special exception; and WHEREAS, the City CamAssion after careful consideration of this matter, finds that the application for a special exception does meet the applicable requirements of Zoning Ordinance No. 11000, and deems it advisable and in the best interest arxi the general welfare of the City of Miami and its inhabitants to approve the special exception and to affirm the decision of the Zoning Board; NOW, THMUFORE, BE IT RESMVED BY THE CCHMISSICN OF THE CITY OF HMAMI, Fri; Section I. 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 Hoard to grant a Special Exception framn Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, R-2 Two Family Residential, Conditional Principal Uses, for lots with more than five thousand (5,000) square feet to allow one (1) additional dwelling unit for each additional two thousand five hundred (2,500) square feet of lot area, for a total of twenty-two (22) dwelling units for the property located. at 3036-38-42-44-54 McDonald Street and 3023-25-27-31-33-39-- 93- '755 - 2 - 45-47-49-71-73 In3.iana, Street, also desoribed. as Lots 30, 33, 48, 49, 50, 51, 66, 67 and 69, Palmhurst, Plat Book 7 at Page 22 of the Public Records of Dade County, Florida; zoned R-2 Two Family Residential; is hereby affirmed and the Special Exception is hereby granted subject to: said. Special Exception having a time limitation of twelve (12) months in which a building permit must be obtained and subject to the following: 1) in addition to all of the Landscape shown, on the plans on file, between the perimeter wall of the proposed develolnent and the Indian• Street right-of-way, an additional hedge with appropriate breaks of twelve feet in width at pedestrian aceess points and a sidewalk sha1.1 be provided, subject to review and approval by the Planning, Building and zoning Department; 2) construction activity along Indiana Street shal l. be minimized to the maximum extent possible; when construction vehicles must mess the project through Indiana Street, notification of such activity must be made to the C000nut Grove Neighborhood Enhancement Team Office at least 24 hours prior to each such occurrence; 3) additional fire hydrants shall be provided by applicant at the time of application for the initial building permit, as required by the Department of Fire -Rescue; 4) a bond or a certificate of deposit in an amount of no less than $10,000 shall be provided to the City, prior to the issuance of any building permits, to guarantee that the landscape and perimeter wall are maintained by the property owner; 5) compliance with all conditions set forth in the letter dated November 5, 1993, from Adrienne Friesner Paxdo to David S. Gold, Esq., a copy of which is attacrhed hereto as Exhibit "A"; and 6) compliance with the revised site plan dated November 22, 1993, prepared by William Plasenoia, R.A., and on file with the Planning, Building and Zoning Department of the City. 93- 755 - 3 - Seotion 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of November-, 19M. P . QJARK MAYOR N DW 10 No FIF APPROVED AS TO FORM AND CIOP23M L,SS : A.qztk JAW, III CITY A (MI/awa/M3783 - 4 - 93- '755 Leonard J. Adler Fernando C. Alonso Cesar L. Alvarez Liliana Armas Daniel H. Aronson David C. Ashburn Charles M. Auslander David T. Azrin Fred W. Baggett Kerri L. Barsh Hilarie Bass V. Dawn Heighey Norman J. Benford Lisa J. Berger Dole S. Bergman Bridget Berry Mark R Rideau Lorence Jon Bielby Mark D. Blount Reginald L. Bouthillieq Jr. Howard Bregman Blake D. Bringgold Francis B. Brogan, Jr. Burt Bruton Bernardo Burstein David R. Chase, Michael J. Cherniga Ary Choucke Sue M. Cobb L. Frank Cordero C. Dory) Couch Albert A. del Castillo Alan T. Dimond Trini L. Donato Lucia A. Dougherty Candace R. Duff William B. Eck Kenneth Edelman Charles W. Edgar, III Arthur J. England, Jr. Gary M. Epstein Henry H. (Bucky) Fox Jeffrey R. Fried Robin F. Frydman Robert C. Gang Richard G. Garrett Brian K. Cart Jeffrey Gilbert Laurie L. Gildan Bruce H. Giles -Klein Richard J. Giusto Lawrence Godofsky Joel K. Goldman Steven E. Goldman Adrienne Friesner Pardo (305) 579-0683 DELIVERY 4 GflEENBEflG A T T D It N F. Y S A T I. A W t B B B B I G Steven M. Goldsmith Joseph G. Goldstein Steven S. Goodman Matthew B. Corson Dianne Greenberg Melvin N. Greenberg Sandra P Greenblatt Robert L. Grossman Barbara A. Hall Paige A. Harper Fred 1. Harris, Jr. Alberto M. Hernandez C. Hernandez-Lonstein Jeffrey A. Hirsch Kenneth C. Hoffman Larry J. Hoffman Kenneth A. Horky Gerald J. Houlihan Keith A. James Martin Kalb Steven M. Katzman Davit) S. Kenin Steven J. Kravitz Ronald C. LaF'ace Steven A. Lanny Steven B. Lapidus Nancy B. Lash Moshe M. LehrBeld James P. S. Leshaw Marc S. Levin Oscar Levin Norman li. Lipoff Carlos E. Loumict Juan P. Loumict Bruce E. Macdonough Robert P. Macina Alfred J. Malefatto Samantha D. Malloy Ines Marrero-Priegues Enrique J. Marlin Pedro J. Martinez-Fraga Joel D. Maser Juan J. Mayol, Jr. Robert R. McDonald John T. Metzger Janet L. O'Brien Maury R. Olicker Rebecca R. Ormtd Debbie M. Orshefsky Aileen Ortega A. Friesner Pardo Stevan J. Pardo Rose Parish -Ramon Marshall R. Pasternack Sylvia S. Penneys Byron G. Petersen Roberto R. Pope Albert D. Quentel Vivian Pazos Quiroga C. Ryan Reetz Mark J. Reisman Luis Reiter Barry Scott Richard A. Jeffry Robinson Kenneth B. Robinson Raquel A. Rodriguez Alan H. Rolnick Marvin S. Rosen Richard A. Rosenbaum Ronald M. Rosengarten David L. Ross Gary A. Saul Elliot H. Scherker Mark R Schnapp Clifford A. Schulman Paul E. Shapiro Randy J. Show Paul A. Shelowitz Brian J. Sherr Enrique Silva Marlene K. Silverman November 29, 1993 Stuart H. Singer Holly R. Skolnick Laura P Stephenson Joel L. Stocker Douglas R. Thornburg Robert H. Trat rig Brian J. Walsh Keith Wasserstrom Jeffrey Weithorn David E. Wells Bradford D. West Howard W. Whitaker Jerrold A. Wish Timothy D. Wolfe Linda G. Worton Julie A. Zahniser T. Wayne Davis, of Counsel Arnold J. Hoffman, of Counsel Patrick T. O'Brien, of Counsel B. K. Roberts, of Counsel Allan Salovin, of Counsel Craig E. Stein, of Counsel Marc M. Watson, of Counsel Zachary H. Wolff, Retired Ms. Valerie Greenwood �= City of Miami City Clerk's Office 3500 Pan American Drive ' Miami, Florida 33133 -'' Re: Mercur, Inc. - City Commission Meeting of November 23, 1993 - Item No. PZ-4 Dear Valerie: Pursuant to your request, I reviewed the proposed title for the Resolution which the City Commission passed at its meeting of November 23, 1993. I have made changes to the proposed title which need to be incorporated. At the City Commission meeting, the Commission approved the following: 1. It affirmed the decision of the Zoning Board including all conditions which the Zoning Board incorporated into Resolution 85-93; 2. It incorporated the conditions agreed to by Mercur in my letter addressed to David Gold dated November 5, 1993; GREENRERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTF.L, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE Ms. Valerie Greenwood November 29, 1993 Page 2 3. It included the condition that the wall on Indiana Street which will be built prior to construction, shall have only one vehicular entrance for construction ingress and egress, which will be located at the south end of the property on Indiana Street; and 4. It approved the revised plan dated November 22, 1993. For your convenience, I have enclosed a copy of Zoning Board Resolution 85-93 and a copy of my letter dated November 5, 1993 which should be attached and incorporated with the City Commission Resolution. My client would like to begin construction as soon as possible, therefore we would appreciate having the Resolution executed by the Mayor as soon as possible. I would appreciate seeing a copy of the Resolution prior to it being executed by the Mayor in order to insure it has all required conditions. Thank you very much for your attention and please call me at 579-0683 if you have any questions. cc: G. Miriam Maer, Esq. Mr. Michael Oliver Robert H. Traurig, Esq. 97H\FRIESHFRA\1736SS.1\11/29/93 Very truly yours, ) 1. Pcr�L Adrienne Friesner Pardo GREENBERG THAURIG 93- 775 N0 V—:.d4-- Jd W tL i.r : aZ3, J-93-570(a) 10/28/93 RESOLUTION NO. A RESOLOTION AFFIRMING THE DECISION OF TH*ZONING HOARD TO GRANT A SPECIAL EXCEPTION FROM INANGE NO, 11000, AS AMENDED, THE ZONING ORDINANC OF THE CITY OF MINI, FLORIDA, ARTICLE 4, SE�M�I.{CN 401, DISTRICT SCMMU OF RMULATIONS, R-2 " FMXY ON RESIDENTIAL, CONDITIAL PRINCIPAL USES, FOR I m WITH MMA THAN FIVE ZiMSAND (5, 000) SQ(i M FEET �O AMM ONE • (1) ADDITIONAL I7WELWM UNIT FOR EACH ArbiTIOTlAL TM ft)USAND FIVE KH)RED (2, 500) SQUABS OF LfJT AREA, FM A TOTAL OF ZwF.m Tm ( 22) DR�EI�,I , UNITS FOR'THS PROPERTY LOCATED AT 3036-38-42-44-54 MCDONALD STREET AND 3023-25-27-31-33-39-45-47-49-71-73' INDIAM STREET, ALSO DESCRIBED AS LOTS 30, 33, 48, 49; 50, 51, 66, ; 67 AND 69, PA114 RST, PLAT BOOK 7 AT PAS 22 01F THE PUBLIC RECORDS OF DADE COUNTY, FLORIDAf �ONM R-2 TW1INCLY RESIDENTIAL; SAID SPECIAL EXCEPTION HAVING A TiME LIMITATION of TWELVE (12 j >!YMM IN ' MiTCH A BUILDING PERMIT Mt1SZ' M 00TAIN D AM SLiai .TO TtM FOLL 01ING a 1) IN ADDITION TO ALL OF THE LANDSCAPE SHOWN ON THE PLANS ON FILE, BERWEEN THE PERIMETER WALE, OF THE PROPOSED DE'VL' L01?l W AMID THE INDI ► STREET RIW-OF WAY, AN ADDITIONAL HEDGE WITH Appp&tRl= WZW OF TW1ILVla Fk 'T IN WId]'H AT PE "Eb ACCESS POINTS AND A SIDEWALK SHALL BE PROVIDED, f 2) CONSTRUCTION ACTMV Y AT�3IJG rNDIANA STREET SHAD BE •444p. f WHEN CONSTRUCTION VEHICLOES MUST ACCWS THE PrOJECT '!TROUGH IMIANA ' STREET, NOTIFICATION OF SUCH ACTm TY MUST BE MAD$ M THE COCONur GRAVE NEIGHN30RHOOD mcANcEKw Tm OFFICE AT 1'►�-� LEAST 24 HOURS PRIORM SUCH ; 3) i 1� ADDITIONAL FIRE HXRRANTS (nu rz J►5co`� RESCUE 6 4 Rk7Q[TlREN1 13 DEFA17II�1' , OF FIRE i `'�'�', G Bo p PRIOR 70�TIMJEM�OF� ►� � THAT THE LAtE',7 1 ' � Leonard J. Adler Ary Choucke Fernando C. Alonso Sue M. Cobb Cesar L. Alvarez L. Frank Cordero Ulinna Armas C. Dery) Couch Daniel H. Aronson Albert A. del Castillo David C. Ashburn Alan T. Dimond Charles M. Auslander Trini L. Donato David T. Azrin Lucia A. Dougherty Fred W. Baggett Candace R. Duff Kerri L. Barsh William B. Eck Hilarie Bass Kenneth Edelman V. Dawn Beighey Charles W. Edgar, III Norman J. Benford Arthur J. England, Jr. Lisa J. Berger Gary M. Epstein Dale S. Bergman Henry H. (Bucky) Fox Bridget Berry Jeffrey R. Fried MarkF. Bideau Robin F. Frydman Lorence Jon Biclby Robert C. Gang Mark D. Bloom Richard G. Garrett Reginald L. Bouthillier, Jr. Brian K. Cart Howard Bregman Jeffrey Gilbert Blake D. Bringgold Laurie L. Gildan Francis B. Brogan, Jr. Bruce H. Giles -Klein Burt Bruton Richard J. Giusto Bernardo Burstein Lawrence Godofsky David R. Chase Joel K. Goldman Michael J, Cherniga Steven E. Goldman Adrienne Friesner Pardo (305) 579-0683 fiBEENBEBG A T T O 11 N BY S A T I. A W I � � U fl I G Steven M. Goldsmith Joseph G. Goldstein Steven S. Goodman Matthew B. Corson Dianne Greenberg Melvin N. Greenberg Sandra E Greenblatt Robert L. Grossman Barbara A. Hall Paige A. Harper Fred F, Harris, Jr. Alberto M. Hernandez C. l Iernandez-Lonstein Jeffrey A. Hirsch Kenneth C. Hoffman Larry J. Hoffman Kenneth A. Horky Gerald J. Houlihan Keith A. James Marlin Kalb Steven M. Katzman David S. Kenin Steven J. Kravitz Ronald C. LaFacc Steven A. Landy Steven B. Lapidus Nancy B. Lash David S. Gold, Esq. Medvin & Medvin 75 Valencia Avenue, Suite 900 Coral Gables, Florida 33134 Moshe M. Lchrfield James R S. Leshaw Marc S. Levin Oscar Levin Norman H. Lipoff Carlos E. Loumict Juan P. Loumict Bruce E. Maedonough Robert P. Macina Alfred J. Malefatto Samantha D. Malloy Ines Marrero-Priegues Enrique J. Martin Pedro J. Martinez-Fraga Joel D. Maser Juan J. Mayol, Jr. Robert R. McDonald John T. Mclzger Janet L. O'Brien Maury R. Olicker Rebecca R. Orand Debbie M. Orshefsky Aileen Ortega A. Fricaner Pardo Stevan J. Pardo Rose Parish -Ramon Marshall R. Pasternack Sylvia S. Penneys Byron G. Petersen Roberto R. Pupo Albert D. Quenlel Vivian Pazos Quirogn C. Ryan Reetz Mark J. Reisman Luis Reiter Barry Scott Richard A. Jeffry Robinson Kenneth B. Robinson Raquel A. Rodriguez Alan H. Rolnick Marvin S. Rosen Richard A. Rosenbaum Ronald M. Rosengarten David L. Ross Gary A. Saul Elliot H. Scherker Mark P. Schnapp Clifford A. Schulman Paul E. Shapiro Randy J. Shaw Paul A. Shelowitz Brian J. Sherr Enrique Silva Marlene K. Silverman November 5, 1993 Re: Mercur - Settlement with Neighbors Dear David: Stuart H. Singer Holly R. Skolnick Laura P. Stephenson Joel L. Stocker Douglas R. Thornburg Robert H. Traurig Brian J. Walsh Keith Wasserstrom Jeffrey Weithorn David E. Wells Bradford D. West Howard W. Whitaker Jerrold A. Wish Timothy D. Wolfe Linda G. Worton Julie A. Zahniser T. Wayne Davis, of Counsel Arnold J. Hoffman, of Counsel Patrick T. O'Brien, of Counsel B. K. Roberts, of Counsel Allan Salovin, of Counsel Craig E. Stein, of Counsel Marc M. Watson, of Counsel Zachary H. Wolff, Retired Pursuant to our meeting with the neighbors on Saturday, October 30, 1993, this letter serves to confirm that all appellants which filed an appeal of the Zoning Board's decision, will dismiss the appeal based on Mercur's agreement to make the following changes to the plans and agree to the following conditions: 1. Mercur will give the City a $10,000 bond or certificate of deposit to insure that the wall and landscaping are maintained on Indiana Street. CTa\r711rSMFAA\16r399.1\11/66/97 GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A. 1221 BRICKELL AVENUE MIAM1, FLORIDA 33131 305-579-0500 FAX 305-579-0717 9 3 - 755 MIAMI FORT LAUDERDALE WEST PALM BEACIi TALLAIIASSEF. David S. Gold, Esq. November 5, 1993 Page 2 2. Mercur will construct a wall on Indiana Street prior to construction commencing. The wall will contain necessary openings required for construction. 3. Mercur will remove the gate which was located on Indiana Street at the south end. 4. Mercur will move the building which is currently located in front of the gate (referred to in number 3 above), closer to the wall, so said area can be utilized as yard space for that unit. 5. Mercur will increase the landscaping along Indiana Street by planting 12 to 15 foot high oak and gumbo limbo trees alternating on 15 foot centers. Two 6 to 8 foot high areca palms will be planted in the spacing between the oak and gumbo limbo trees. A continuous hedge will also be provided. The landscaping will be dense enough so that it prohibits parking on Indiana Street. 6. The openings for pedestrian gates along Indiana Street will be no larger than 48 inches. Mercur was willing to construct a meandering sidewalk along Indiana Street, however the Public Works Department will not permit. For your review, I am enclosing a copy of the site plan with shows the building has been moved and the south gate has been removed. In order to accept the conditions and dismiss the appeal, please have all appellants execute and notarize this letter. This Agreement can be signed in counterpart originals. Please call me at 579-0683 after you have reviewed this memorandum. cc: Robert H. Traurig, Esq. G. Miriam Maer, Esq. Teresita Fernandez symrpiesmm\ im". t\ a/os/n Ve truly yours, (' r9. / Adrienne Friesner Pardo GREENBLRG TRAURIG 9 3 -- 755 David S. Gold, Esq. November 5, 1993 Page 3 The Agreement is accepted by: Mtur Inc., a1 Florida corporation h Al c �,WTAV 1� • -i, STATE OF IEFJ'0(. A (" ) ^� SS: COUNTY OF L -JCL X-- ) Sworn to and subscribed before me thiV—'��ay of 19FD Mike Oliver of Mercur, Inc., a Florida corporation, personally appeared before me, is personally known,Lo me or produced as identification, and di did not] take —Lan a h. Notary: [NOTARIAL SEAL] Print Name: �--L Notary Public, State of My commission expires: 07NNIA1E$NUU%16/256.1%11/05/63 GJ1EL'Nm-mG TimumG •i.L NOTARY SEA .:-ENNE L PARDO NOr 3LIC STATE OF FLORIDA 3SION NO. CC262245 MY _ .,19SION EXP. DEC.16,1994 OFFICIAL NOTARY SEAL ADRIENNE L PARDO NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC262245 MY COMMISSION EXP. DEC.16,1994 93- '755 David S. Gold, Esq. November 5, 1993 Page 4 The following individuals accept this Agreement and hereby dismiss the appeal of the Zoning Board's decision to the City Commission for the approval of the Special Exception Permit granted to Mercur, Inc., on September 20th, 1993. L9.1 STATE OF SS: COUNTY OF Sworn to and subscribed before me this ` —2"day of , 1923 David Gold personally appeared before me, is personally known to me or produced M as identification, and [did] [did not] take an oath. �. Notary:✓ [NOTARIAL SEAL] Print Name: Notary Public, State of r-eD1v- %P .4 My commission expires: By: Jan' Howard STATE OF�of. SS: COUNTY OF A eyo � ,,PJkY PU9 OFFICIAL NOTARY SEAL =O ri ISABEL DELGADO �`' '� * COMMISSION NUMBER Ic CC116539 P MY COMMISSION EXP. OF F-� J U LY 27 1996 Sworn to and subscribed before me this23 day of )W..- , 1953 Jan Howard personally appeared before me, is personally known to me or produced as identification, and [did] [did not] take an oath. Notary:.i ) / [NOTARIAL SEAL] Print Name: Notary Public, State of O, c a My commission expires: crn\rnIESNERA\ 1An".1\11 /os/aa GIIE,hNIIRRG TRAUIIIG OFFICIAL KarAkY SEAL DAVID COLD NOTARY NiJKIC Sl Ali: CIF FLORIDA. CONPAISSIOIN NO. M0,632 �rtY C0-*A'oil5:,li11( ESP. SI''i 25,1994 93- 755 David S. Gold, Esq. November 5, 1993 Page 5 J A. Feldkamp STATE OF SS: COUNTY OF Sworn to and subscribed before me this- day of k9oL-e.,, Le,-- , 19!�:3 John A. Feldkamp personally appeared before me, is personally known to me or roduced as identification, and [did] [did not] t ke_an_ ath. i Notary: �, [NOTARIAL SEAL] Print Name: Notary Public, State of. My commission expires: DAVID GOLD v` NOTARY PUBLIC 51 ATE OF F1.ORIDe; CO 1M15510N NO. CCU �5.3 By' AtY C()?\4\115�1 \ Ii\i'�SI:I'P� 5,14`'I I1 Christy McClelland STATE OFI SS: COUNTY OF ,17 Sworn to and subscribed before me thisZ day of 195D Christy McClelland personally appeared before me, is personally known to me or produced as identification, and [did] [did not] take an oath. Notary: [NOTARIAL SEAL] Print Name: WD S. GC}LI) Notary Public, State of My commission DA !IU rOLo i l'UrCF. OF FI.ORIC'1, ARY 1, LIC STA CO\lM rl ' (i�iyi{551C?!\ 11P• Stiff I ? ;.1'nn 97X\I9I[SMOU\167299. 1\11/05/93 93- '755 GKEF.Nm,mc Tli:tumG David S. Gold, Esq. November 5, 1993 Page 6 Homer Barton STATE OF -1 o V : t: 9e SS: COUNTY OF '7 �4,i�20 Sworn to and subscribed before me this day of tJ0 L►-e,_kjy4- , 19! 3 Homer Barton personally appeared before me, is personally known to me or pr ced as identification, and [did] [did not] take an oath.` 7l \ - 1 Notary: 1_ ��----`�' [NOTARIAL SEAL] Print Name: DAVID S. GQ11) Notary Public, State of My commission expires: OFFICIAL NOTARY SEAL DAVID GOLD NOTARY PUBLIC STATE OF FLOT Dl. f'U r CU�tv1l5SlON i�U. CGG:iQh:2 By: l/n' / C G MY Co .\ 'SIC"1 EXP. SfiPl 7.3.1;': •: Mildred Barton STATE OF '4--l o v -1 ) SS: COUNTY OF Pr-) ) Sworn to and subscribed before me this.,,.;t day of OOLLe— Let- , 1913 Mildred Barton personally appeared before me, is personally known to me :oroduc(ed as identification, and [did] [did not] take an oath. Notary: --� [NOTARIAL SEAL] Print Name: DAVID S rnl r) Notary Public, State of My commission expires: _ OFFICIAL NO'T'AI:Y SEAL 77 DAVID GOLD NOTARY PUBLIC STATi: OF FLORIDA Com, MISSION IJO. CCO'O06c'2 MY CU"'1'�IISS!O�' F; GTH\FRIESMERM1672" lNil/05/93 GREENI3ERG TR:1U111G 93- '755 David S. Gold, Esq. November 5, 1993 Page 7 By:1141 Mildred Barton McCai. e STATE OF q-';i < --c;pr, SS: COUNTY OF �t Sworn to and subscribed before me this U day of ,mooI--e, ,. ? , 19�3 Mildred Barton McCauley personally appeared before me, is personally known to me or produced as identification, and [did] [did not take an oath. Notary: [NOTARIAL SEAL] Print Name: _ DAVID S. GOLD Notary Public, State of My commission expir O CKALTMIIAKY :)?-A. DAVID GOLD NOTARY PUBLIC STATE OF rLO'iDA COMMISSION NO, MY COM:.USS!CI•; 9rN\ra1c5N[nA\167299.1\11/05/9] 91N\r99C5NEM\167199.1\11/05/97 GREE-NBEIRG THAURIG 9 3- 755 Leonard J. Adler Ary Chouekc Fernando C. Alonso Site M. Cobb Cesar L. Alvarez L. Frank Cordero Liliana Arenas C. Deryl Couch Daniel H. Aronson Albert A. del Castillo David C. Ashburn Alan T. Dimond Charles M. Auslandcr Trini L. Donato David T. Azrin Lucia A. Dougherty Fred W. Baggett Candace R. Duff Kerri L. Barsh William B. Eck Hilurie Bass Kenneth Edelman V. Dawn Beighey Charles W. Edgar, III Norman J. Benford Arthur J. England, Jr. Lisa J. Berger Gary M. Epstein Dale S. Bergman Henry H. (Bucky) Fox Bridget Berry Jeffrey R. Fried Mark F. Bideau Robin F. Frydman Lorence Jon Bielby Robert C. Gang Mark D. Bloom Richard G. Garrett Reginald L. Bouthillier, Jr. Brian K. Cart Howard Bregman Jeffrey Gilbert Blake D. Bringgold Laurie L. Gildan Francis B. Brogan, Jr. Bruce H. Giles -Klein Burt Bruton Richard J. Giusto Bernardo Burstein Lawrence Godofsky David R. Chase Joel K. Goldman Michael J. Chernign Steven E. Goldman Adrienne Friesner Pardo (305) 579-0683 ��w� GflE�NBEflG A T T O It N E 1' S A 1' I. A W Steven M. Goldsmith Joseph G. Goldstein Steven S. Goodman Matthew B. Corson Dianne Greenberg Melvin N. Greenberg Sandra P. Greenblatt Robert L. Grossman Barbara A. Hall Paige A. Harper Fred E Harris, Jr. Alberto M. Hernandez C. Hernandez-Lonslein Jeffrey A. Hirsch Kenneth C. Hoffman Larry J. Hoffman Kenneth A. Horky Gerald J. Houlihan Keith A. James Martin Kalb Steven M. Katzman David S. Kenin Steven J. Kravitz Ronald C. La Face Steven A. Lanny Steven B. Lapidus Nancy B. Lash David S. Gold, Esq. Medvin & Medvin 75 Valencia Avenue, Suite 900 Coral Gables, Florida 33134 Moshe M. Lchrficid James It S. Lcshaw Marc S. Levin Oscar Levin Norman H. Lipoff Carlos E. Luulnicl Juan P. Loumict Bruce E. Macdonough Robert R Macina Alfred J. Malefatto Samantha D. Malloy Ines Marrero-Priegues Enrique J. Martin Pedro J. Martinez-Fraga Joel D. Maser Juan J. Mayol, Jr. Robert R. McDonald John T. Metzger Janet L. O'Brien Maury It. Olickcr Rebecca R. Orand Debbie M. Orshefsky Aileen Ortega A. Friesner Pardo Stevan J. Pardo Rose Parish -Ramon Marshall R. Pasternack Sylvia S. Penneys Byron G. Petersen Roberto It. Pupo Albert D. Quenlel Vivian Pazos Quiroga C. Ryan Reelz Mark J. Reisman Luis Reiter Barry Scott Richard A. Jeffry Robinson Kenneth B. Robinson Raquel A. Rodriguez Alan H. Rolnick Marvin S. Rosen Richard A. Rosenbaum Ronald M. Rosengarten David L. Ross Gary A. Saul Elliot H. Scherker Mark P. Schnapp Clifford A. Schulman Paul E. Shapiro Randy J. Shaw Paul A. Shelowitz Brian J. Sherr Enrique Silva Marlene K. Silverman November 5, 1993 Re: Mercur - Settlement with Neighbors Dear David: Stuart H. Singer Holly It. Skolnick Laura IP, Stephenson Joel L. Stocker Douglas It. Thornburg Robert H. Traurig Brian J. Walsh Keith Wasserstrom Jeffrey Weithorn David E. Wells Bradford D. West Howard W. Whitaker Jerrold A. Wish Timothy D. Wolfe Linda G. Worton Julie. A. Zahniscr T. Wayne Davis, of Counsel Arnold J. Hoffman, of Counsel Patrick T. O'Brien, of Counsel B. K. Roberts, of Counsel Allan Salovin, of Counsel Craig E. Stein, of Counsel Marc M. Watson, of Counsel 7.achary H. Wolff, Retired Submitted into ph record 'n ccnr.11 ` 4-- itemL city Cleric Pursuant to our meeting with the neighbors on Saturday, October 30, 1993, this letter serves to confirm that all appellants which filed an appeal of the Zoning Board's decision, will dismiss the appeal based on Mercer's agreement to make the following changes to the plans and agree to the following conditions: 1. Mercur will give the City a $10,000 bond or certificate of deposit to insure that the wall and landscaping are maintained on Indiana Street. OlH\F9IESNEM\167996.1\II/05/93 GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUF.NTEL, P.A. C 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305.579-0500 FAX 305-579.0717 9 3 - 5 MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE Submitted into the public David S. Gold, Esq. record in connection with November 5, 1993 item P2. a on ) .2 Page 2 mcitty Hirai City Clerk 2. Mercur y.ill construct a wall oThdiana Stree �pfor to construction commencing. The 1 will contain necessa opgs re�or construction. 3. Mercur will remove the gate which was located on Indiana Street at the south end. 4. Mercur will move the building which is currently located in front of the gate (referred to in number 3 above), closer to the wall, so said area can be utilized as yard space for that unit. 5. Mercur will increase the landscaping along Indiana Street by planting 12 to 15 foot high oak and gumbo limbo trees alternating on 15 foot centers. Two 6 to 8 foot high areca palms will be planted in the spacing between the oak and gumbo limbo trees. A continuous hedge will also be provided. The landscaping will be dense enough so that it prohibits parking on Indiana Street. 6. The openings for pedestrian gates along Indiana Street will be no larger than 48 inches. Mercur was willing to construct a meandering sidewalk along Indiana Street, however the Public Works Department will not permit. For your review, I aim enclosing a copy of the site plan with shows the building has been moved and the south gate has been removed. In order to accept the conditions and dismiss the appeal, please have all appellants execute and notarize this letter. This Agreement can be signed in counterpart originals. Please call me at 579-0683 after you have reviewed this memorandum. cc: Robert H. Traurig, Esq. G. Miriam Maer, Esq. Teresita Fernandez 91H%FR1E5RERAN167299.1%11/05/93 Ve truly yours, Adrienne Friesner Pardo G111, ;nBEm; TRALRIC 93- 755 David S. Gold, Esq. November 5, 1993 Page 3 The Agreement is accepted by: Subm.-ed into the public record in connection mrith item P Z L+ on _i t j .2 '31 ci 3 (I i iy H-.-aal City C:'.lexk Inc., a Florida corporation �A tim-63MMI � STATE OF SS: COUNTY OF _ d� , Sworn to and subscribed before me thi�`21ay of ()J6' -l�"' 192> Mike Oliver of Mercur, Inc., a Florida corporation, personally appeared before me, is personally known to me or produced as identification, and di did not] t e an oa h. i i i Notary: [NOTARIAL SEAL] Print Name: _ —L , Notary Public, State of - My commission expires: J ::), L� onq musMrnn� m�aoo.1 � l l/os/ol GREENIMM rHAIJI i; -T NOTARY SEA ENNE L PARDO NOT 3LIC STATE OF FLORIDA 3SION NO. CC262245 MY _ : tISSION EXP. DEC.16,1994 OFFICIAL NOTARY SEAL ADRIENNE L PARDO NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC262245 MY COMMISSION EXP. DEC.161994 93- 755 Submitted into the public David S. Gold, Esq. record in connection with November 5, 1993 item Q2 - �-4 Page 4---_____ on 13rj 3 Matty Hirai CitY Clerk The following individuals accept this Agreement and hereby dismiss the appeal of the Zoning Board's decision to the City Commission for the approval of the Special Exception Permit granted to Mercur, Inc., on September 20th, 1993. STATE OF r—e0k('P4 ) COUNTY OFSS:'} De ) Sworn to and subscribed before me this L 2'day of � , 192$ David Gold personally appeared before me, is personally known to me or produced _ as identification, and [did] [did not] take an oath. [NOTARIAL SEAL] By: Ja Howard STATE OFo COUNTY OF Dw Print Nam: Notary Public, State of� My commission expires: O,pY P&,,. OFFICIAL NOTARY SEAL ISABEL DELGADO * * COMMISSION NUMBER M 16539 �fF Q?° MY COMMISSION EXP. OF F-o JULY 27 1996 SS: Sworn to and subscribed before me this day of Alt L-e," L, , 1913 Jan Howard personally appeared before me, is personally known to me or produced as identification, and [did] [did not] take an oath. i Notary: — -----,..- [NOTARIAL SEAL] Print Name: Notary Public, State of o r ?V& My commission expires: QTKWRIESWAA\ 167299.1\l l/9S/93 G It E' EN It Fiw Tit AU ItIG OFFICIAL NUFARY SKAL DAVID COLD NOTARY PUBLIC STATii OF FLORIDA. CON04ISSION NO. CC{1'7,632 93- '755 7`y David S. Gold, Esq. November 5, 1993 Page 5 J A. Feldkamp STATE OF 0, COUNTY OF r ,g z(%p SS: Submitted into the public record in connection with item on I I I;).3 1 q3 Mntt•y I3irai City Clerk Sworn to and subscribed before me this day of _ ,c.9oltt," LW,.- , 19-e3 John A. Feldkamp personally appeared before me, is personally known to me or roduced as identification, and [did] [did not] take -an ath.` Not [NOTARIAL SEAL] Print Name: Notary Public, State of. My commission expires:� DAVID GOLD NOTARY K;11',,1C STATE GF FI,ORIDA By: COMMISSION NO. CCu0'-0s}-'2 My C(2!t\,j1SSIUN EXP. SITT ?5-19�`.+4i Christy McClelland M STATE OF ;�:74- • 6CC , ) COUNTY OFSS: ) Sworn Sworn to and subscribed before me this23 day of Oot'.'e,, 4... , 1953 Christy McClelland personally appeared before me, is personally known to me or produced as identification, and [did] [did not] take an oath. Notary: [NOTARIAL SEAL] Print Name: D.9., GOM Notary Public, State of C:- My commission expir �4 74i-�--• •;, ,;� L ""`" " 4 ��i6 -- U/, atD GOLD NCYi'ARY Yll$L1C STI'ICF. JF Fl.ORiUA CO\�^/1:SSION NO, CCQr)C6G'l Ml' C�31U1S5[(?N 6�P. 5Et�i 75,iQ04� 07R\fR1E5NM\167399.1\11/05/99 GREI.NRBf{G TRAURIG 93- '755 David S. Gold, Esq. November S, 1993 Page 6 By: Homer Barton STATE OF SS: COUNTY OF "D Ea ego Submitted into the public record in connection with item Q7 - 4 on 111 2 3 Matty Hirai City Clerk Sworn to and subscribed before me thisd,-2day of tOou-e,� v� , 191.3 Homer Barton personally appeared before me, is personally known to me or pr ced as identification, and [did] [did not] take an oath. Notary: / [NOTARIAL SEAL] Print Name: DAVID S_ GzQ1 .D Notary Public, State of etov.-gZ67 My commission expires: OFFICIAL NUTARY SEAL DAVID COLD NOTARY PUBLIC STATE OF FLORID+ i COMMISSION NO. CC05)06,:2 By: L� MY COMMISSION Mildred Bar on STATE OF + l o v : 10, ) COUNTY OF SS: `�►QP ) Sworn to and subscribed before me this,. day of Oou-eH,) Le, , 1%3 Mildred Barton personally appeared before me, is personally known to me or d ced as identification, and [did] [did not] take an oath. Notary: 1 [NOTARIAL SEAL] Print Name: DAVID S_ (;C)1 r) Notary Public, State of My commission expires: _ OFFICIAL NUTARY SEAL DAVID COLD NOTARY PUBLIC STATE OF FLORIDA COMMISSION NU. CC0306F- MYCOMMISSIONF;;P SL'Pf'l%I:+j 97N\FAIESNENI\167299.1\11/65/93 GilESNBERc TRAURIG 9 3- 755 -"1 David S. Gold, Esq. November 5, 1993 Page 7 By: Gam' ilAdreildred arton McCau e STATE OF 4-I g r cc6i ) COUNTY OFSS: Submitted into the public record in connection with item PZ "'� on 11 Z 3 J Matty Hira' City Clerk Sworn to and subscribed before me this. day of _Po+,-eo, l .e ,- , 1953 Mildred Barton McCauley personally appeared before me, is personally known to me or produced as identification, and [did] [did not take an oath. Notary: [NOTARIAL SEAL] Print Name: DAVID rS. GOLD Notary Public, State of My commission expir OFF "'D8't'X1iM DAVID GOLD NOTARY PUBLIC STATE OF PLOMDA COMMISSION N101 C0010511:1 M'YCOMMISS10?-J r.XI'. `E"I, aTMl7RIEMMA% 167200.1%11/66/03 aIM\rAIE5RERA\I6729E.1\II/66/99 GRE, sNI ERG rI(ALJHIG 93- '755 LOCATION/LEGAL APPLICANT/OWNE; ZONING FACT SHEET PZM 3036-38-42-44-54 McDonald Street and 3023-25-27-31-33-39-45-47-49-71-73 Indiana S ttee t Lots 30, 33, 48, 49, 50. 51, 66, 67 and 69, PALMHURST (7-22) PROC Michael Oliver Sr., President Mercur, Inc. a Fla Corp. 10821 SW 125 Street Miami, Florida 529-9491 Adrienne Friesner Pardo, Esq. 1221 Brickell Avenue Miami, Florida 33131 579-0683 ZONING R-2 Two -Family Residential REQUEST Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-2 Two Family Residential, Conditional Principal Uses, for lots with more than five thousand (5,000) square feet, to allow one (1) additional dwe lling unit for each additional two thousand five hundred (2,500) square feet of lot area, for a total of twenty-two (22) dwelling units. RECOMMENDATIONS: PLANNING, BLDG $ ZONING Approval with conditions. 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 Daily Fine: $0.00 Lien Recorded on: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY Granted on 7/19/93 for 12 mo. subject to conditions by Res. ZB 81-93 by a vote of 8-0. Resolution rescinded and item referred back to Zoning Board due to incomplete disclosure of ownership. Granted on 9/20/93 subject to conditions by Res. ZB 85-93 by a vote 8-1. Sixteen (16) opponents were present at the meeting. Appealed to CC by Coconut Grove neighbors. ANALYSIS The proposed residential development will provide new housing opportunities in the Coconut Grove area; the proposal is to provide all required parking underground, therefore leaving the property at street level within the site available for additional green space and greater distance separation between units than is ordinarily encountered with these types of residential developments. The alternate solution for the development of this property could consist of individual duplex units on each of the nine lots with two parking spaces (and driveways) per unit backing on to the residential streets. The Planning, Building and Zoning Department is recommending approval of the proposed development with the conditions listed on the attached page. ZONING BOARD APPELLANT CITY COMMISSION Granted with conditions for 12 mo. to obtain a bldg. permit. Coconut Grove neighbors. APPLICATION NUMBER 93- 178 Page 1 September 20, 1993 93- 755 Planning, Building and Zoning Department recommendations for conditions for approval of a Special Exception for Item #1 - located at 3036-38-44-54 McDonald Street and 3023-25-27-31-33-39-45-47-49-71-73 Indiana Street: 1. In addition to all of the depicted landscape between the perimeter wall and the Indiana Street right-of-way, an additional hedge with 12'-0" openings at pedestrian access points and a sidewalk shall be provided; this is to discourage tenants and visitors from parking along Indiana Street; 2. A covenant, in a form acceptable to the City Attorney, must be recorded, with a minimaan $10,000 bond to be posted, which ensures that the landscape and perimeter wall are maintained by the owner(s); 3. Construction activity along Indiana Street should be }crept to a minimum; when construction vehicles must access the project through Indiana Street, notification of such activity must be made to the NET office at least 24 hours prior to this access. 4. A preliminary Fire review indicates potential problems with adegiate fire protection and accessibility, particularly to the units along McDonald Street without pedestrian access gates - the Fire Department has accepted provisions for a standpipe system to be located on the site and additional hydrants if necessary at the time of permitting. 1. � C• 1' 93- 755 . !• s.W on TER Im _ rtr? 01 it •/ •1• .21 t 3 ,y , „--.,- ,,1 I` N — --r r.� t R J Li 1— ', .. ." JACKSON Fl!t,$'. =.'"d. k-ice •) .. J' -- .� —.. .. •r • r a7 a1 •. ., rr 40 SHIPPING •� ` _ ..� , .f � s t :, a ... S � _r Ti , Wed _ _T_ , , a • ;o I r •r a • ,, r Ia H !• 1, rr ., w t •. Jr 4-t1 a Vl 1+ :. _ _.'r.i:. Z nunf..,• 'r.•1Ju11elx O s�r s.i•�•Iz ,.rlra�.u`r. ,•,r 1•In► ju r'�-'- r -•r ., r w ff 1. f r r r Ir a v _ ZAP_'•+ �• I ' Li r 1 . .ai a t tr ,j: I j •all :. avE r r^ 8 10 Av E py, I E Olt,, y a. �I ! 4.17•L � •2 r I •i 1. 1. e I onovc a , , 1r ++ LIME :TQ 1E111ON J )1 , : c I • • `.. TRIM VILLAGE 7 • I :o uh waam PHILIP MEDVIN JOSHUA D MEDVIN DAVID 5 GOLD Ms. Teresita Fernandez Chief of Hearing Board 375 N.W. 2nd Street Miami, FL 33128 MEDVIN & MEDVIN (NOT A PARTNERSHIP) ATTORNEYS AT LAW GABLES SOUARE 75 VALENCIA AVENUE SUITE 900 CORAL GABLES. FLORIDA 33134 TELEPHONE (305) 448-3302 FACSIMILE (305) 448.1750 October 4, 1993 RE: Application No. 93-178 Developer: Mercury, Inc. A�Deal of: 9/20/93 - Decision Dear Ms. Fernandez: As owner of the property located at 3046 Indiana Street, I wish to appeal the September 20, 1993 hearing. The grounds of this appeal are that the zoning board ignored or diluted the recommendations of the Miami Building and Zoning Department such that the interests of the residents within 375 feet of this proposed project have not been fully considered. I hereby demand the following changes: 1. During the course of said hearing, the developer announced to the Board that its proposal to place handicapped parking along Indiana Street, would be withdran. However, the approved plans currently on file still show handicapped parking along Indiana Street. New plans should be required refecting the developer's statements to the Board. 2. As a condition for the issuance of the requested zoning applications, no dumpsters are to be allowed along Indiana Street. However, the plans currently approved show handicapped parking spaces which, in the future, could be turned into a dumpster sight. Therefore, new plans should be required showing that the current opening in the wall for handicapped parking has been closed. This is a simple request which will ensure that the requirements of the zoning board have been met. 3. A covenant running with the land should be issued stating no dumpsters may be placed along Indiana Street. 4. During said hearing, the Board turned down a request that the developer post a $10,000 to ensure all landscaping is maintained. This is a reasonable requirement, will not be unduly burdensome upon the developer, and should be required to ensure 93- 755 that the back, wall of this project is adequately maintained to ensure the peaceful nature of Indiana Street. The above stated changes are minor in nature and will ensured that the proposed project has a minimal effect upon the residents of Indiana Street. Very truly yours, DAVID S. GOLD DSG:id 93- 755 6MEDVIN 9 MEDVIN, ATTORNEYS AT LAW. 75 VALENCIA AVENUE. SUITE 900. CORAL GABLES. FLORIDA 33134. TELEPHONE E HONE 13061 aag 3302 TO; TERESITA FEIZ\ANDEZ CHIEF OF HEARING BOARDS CITY OF MIAMI 275 N.W. 2ND ST. MIAMI, FL. 33128 RE; APPEAL OF SEPT. 20. 1993 ZONING BOARD DECISION ON #93-178 I OWN PROPERTY AT 3087 INDIANA ST, WHICH IS LOCATED WITHIN 375 FT OF THE PRO- POSED MERCUR INC. PROJECT CAPTIONED ABOVE. I ATTENDED THE SEPT. 20.1993 MEETING OF THE ZONING BOARD AND WANT TO APPEAL THE RULING FOR THE FOLLOWING REASONS. 1.) NO PLANS EXIST FOR WHAT WAS APPROVED BY I'1{E 'ZONING BOARD ON SEPT.20, 1993. 2.) ALL OF THE ITEMS DISCUSSED OVER SHADOWED THE FACT THAT THE DEVELOPER WANTS PERMISSION TO PUT FOUR (4) ADDITONAL UNITS ON THE PROPERTY THAN PRESENT ZONING ALLOWS. 3.) AS REGARD TO THE COVENANT AND A $10,000.00 BOND POSTED, AS RECOMMENDED BY THE CITY TO GUARANTEE THE MAINTENANCE OF THE WALL AND LANDSCAPING ON , INDIANA ST. THE BOARD SEEMED TO BE MISLED. THEY STATED THE RESIDENTS OF THE PROJECT SHOULD BE RESPONSIBLE FOR THE MAINTENANCE. THEY OBVIOUSLY THOUGHT THIS WAS A CONDOMINIUM PROJECT, WHEN IN FACT IT IS TO BE A RENTAL COMMUNITY. 4.) AS REGARD TO THE DISCUSSION OF A POSSIBLE DUMPSTER ON THE INDIANA ST. SIDE OF THE PROJECT, THE FACT REMAINS THAT CONCENTRATING GARBAGE FROM 22 UNITS INTO ONE CENTRAL AREA CAUSES A NUMBER OF PROBLEMS, A) THE ODOR B.) THE ANIMALS THEY ATTRACT C.) THE VAGRANTS WHO ARE LOOKING FOR FOOD, CLOTHES, ETC D.) ANYTHING THAT MISSES THE DUMPSTER NORMALLY REMAINS ON THE GROUND I AM A MAINTENANCE WORKER AND KNOW THESE ITEMS TO BE A FACT. BELOW ARE THE ITEMS I WOULD LIKE YOU AND THE DEVELOPER TO GUARANTEE TO ENSURE A PEACEFUL EXISTANCE ON INDIANA STREET. 1.) 8 FT WALL, WITH NO VEHICULAR ACCESS. TO BE CONSTRUCTED BEFORE DEMOLITION /CONSTRUCTION BEGINS. 2.) NO CONSTRUCTION VEHICLES OR CONSTRUCTION WORKER'S VEHICLES TO BE PARKED ON INDIANA STREET. 3.) NO CONSTRUCTION VEHICLES, WHETHER REMOVING DEBRIS OR DELIVERING MATERIALS TO USE INDIANA ST. THERE IS AMPLE ACCESS AND PARKING FOR THESE VEHICLES VIA THE MAIN ENTRANCE ON MC DONALD ST. AND THE VACANT ADJOINING PROPERTY THAT THE DEVELOPER OWNS ON BIRD AVE.. THE DEVELOPER'S PROPERTY AND DRIVEWAY ON BIRD AVE. IS THE MOST LOGICAL CHOICE FOR THESE ACTIVITIES. 93- 755 7 4.) I WANT THE PEDESTRIAN GATES ON INDIANA ST. ELECTRO,NICALLY CODED FOR EMERGENCY PERSONNEL ONLY, THUS DISCOURAGING TENANT PARKING ON THE STREET 5.) I WANT THE CITY RECOMMENDATION THAT A $10,000.00 BOND BE POSTED TO GUARANTEE THE MAINTENANCE OF THE WALL AND LANDSCAPING ON INDIANA STREET, THIS ITEM -10 BE REQUIRED AS A CON-DITON OF ISSUING A BUILDING PERMIT. i .-0197 I DIANA STREET COCONUT GROVE, FL. 33133 R 93-- 755 Sept. 30, 1993 Teresita Fernandez Chief of Hearing Boards 275 N.W. 2nd Street Miami, FL 33128 RE: Appeal of Sept. 20, 1993 Zoning Board decision of Dear Ms. Fernandez: u. #93-178 I am writing to you to appeal the Board's decsion of Sept, 20, 1993 for #93-178. My husband and I have resided at and have owned the property at 3084 Indiana Street for over nine years. Our property is within 375 feet of the development planned by Mercur, Inc. We both attended the August hearing and I attended the Sept. 20th hearing representing us both. I would like to appeal the ruling for the following reasons: 1. None of the arguments presented ,at either hearing discussed the impact that four more residences would have on Indiana Street and the adjoining neighborhood. Indiana Street is a small two -block street with primarily small single family homes. Some of these homes have smaller "back -houses" or "mother-in-law" cottages. The bungalows that were on the Mercur project land were also small cottages normally housing only one or two people per cottage. The proposed expansion would have the potential of adding another four or more people per unit as well as their vehicles, noise, trash and general congestion. The residents of Indiana Street bought their homes for the low profile, low density, quiet nature of the neighborhood. Four more units is absolutely to much for our street. 2. The Mercur project does not blend with the atmosphere of the street. This project will have several large multi -unit buildings rising almost three stories while most of the neighborhood is ground level, single -story, single family homes. The developer would do well to redesign the project, possibly resembling his project on Matilda Street between Bird and Shipping Avenues. This project appears to be a low level single unit design. It blends with that neighborhood. 93- 755 9 3. The rejected $10.000.00 bond and covenant would help to insure that Indiana Street remain peaceful and tranquil to its residents. Please reinstate both. 4. Along with the bond and covenant insuring Indiana Street retain its present environment the eight foot retaining wall should also have no vehicular access. The pedestrian accesses could easily be coded for emergency and service personnel entrance only. This is done in other complexes in Cocoanut Grove. I have seen this being j used by service personnel in complexes on Oak Avenue. A written notice should be required and be on file with the City of Miami Zoning Office stating construction vehicles will not be allowed on Indiana Street for the Mercur project. To further insure a peaceful existence on Indiana Street the developer should also be required to state what type of garbage service his development will be using and where and when this garbage will be removed. A dumpster should not be placed on the Indiana Street side of the property . There should be no pickup of a garbage 'dumpster from Indiana Street. 5. Finally, I urge that all of the City of Miami Zoning Board's recommendations be upheld if the exception is granted. Cocoanut Grove is a beautiful place to live. My family and I have tremendously enjoyed it. If this exceptional quality of life is to be continued to enjoyed we must take measures to limit overdevelopment and poorly planned development in the Grove. Ignoring these problems could rapidly resort in lower property values and lower tax roles. The City of Miami nor Cocoanut Grove needs this. We need careful planning to insure that in five or ten years we are favorably compareig witg: other lovely communities in Dade County such as Coral Gables, Bal Harbor and Miami Shores. i Thank you for your consideration in this matter. Sincerely,, Howard 084 Indiana Street jCocoanut Grove, FL 33133 10 93— 755 Sept. 28, 1993 1 Teresita Fernandez Chief of Hearing Boards City of Miami 275 NW 2nd St. Miami, FL 33128 Dear Ms Fernandez: As owners of property at 3110, 3108 and 3118 Indiana St., which are located within 375 ft. of the Mercur project (93-178); we wish to appeal the Sept. 20, 1993 decision of the Zoning Board and oppose the Special Exception Permit because: 1) There is still no legal protection for the residents of Indiana St. that a garbage collection site for the proposed 22 units won't be located on our street; 2) We want a covenant running with the land and tied to every , property owner within 375 feet stating that there will never be vehicular gates off Indiana St. into the project; 3) We want the pedestrian gates coded for emergency personnel only; 4) No legal plans exist for the project as voted on by the Zoning Board Sept. 20; the board accepted a modifications at that meeting which were not part of the plans on file; and 5) We want a $10,000 bond, as recommended by the city, posted by the owners of the property to ensure the long-term upkeep of the wall and landscaping on our street. Sincerely, Homer Barton ed Barton ildred arton�McCauley 0 93- 755. 11 ,.. N September 27, 1993 TO: TERESITA FERNANDEZ CHIEF OF HEARING BOARDS CITY OF MIAMI 275 N.W. 2ND ST. MIAMI, FL. 33128 RE: APPEAL OF SEPT. 20, 1993 ZONING BOARD DECISION ON #93-178 I OWN PROPERTY AT 3085 INDIANA ST. WHICH IS LOCATED WITHIN 375 FTQF THE PRO- POSED MERCUR INC. PROJECT CAPTIONED ABOVE. I ATTENDED THE SEPT' 20.1993 MEETING OF THE ZONING BOARD AND WANT TO APPEAL THE RULING FORME FOLLOWING REASONS. 1.) NO PLANS EXIST FOR WHAT WAS APPROVED BY THE ZONING BOARD ON SEPT.20, 1993. 2.) ALL OF THE ITEMS DISCUSSED OVER SHADOWED THE FACT THAT THE DEVELOPER WANTS PERMISSION TO PUT FOUR (4) ADDITONAL UNITS ON THE PROPERTY THAN PRESENT ZONING ALLOWS. 3.) AS REGARD TO THE COVENANT AND A $10.000.00 BOND POSTED, AS RECOMMENDED BY THE CI IY TO GUARANTEE THE MAINTENANCE OF THE WALL AND LANDSCAPING ON INDIANA ST. THE BOARD SEEMED TO BE MISLED. THEY STATED THE RESIDENTS OF THE - PROJECT SHOULD BE RESPONSIBLE FOR THE MAINTENANCE. THEY OBVIOUSLY THOUGHT THIS WAS A CONDOMINIUM PROJECT, WHEN IN FACT IT IS TO BE A RENTAL COMMUNITY. 4.) AS REGARD TO THE DISCUSSION OF A POSSIBLE DUMPSTER ON THE INDIANA ST. SIDE OF THE PROJECT, THE FACT REMAINS THAT CONCENTRATING GARBAGE FROM 22 UNITS INTO ONE CENTRAL AREA CAUSES A NUMBER OF PROBLEMS. A) THE ODOR B.) THE ANIMALS THEY ATTRACT C.) THE VAGRANTS WHO ARE LOOKING FOR FOOD, CLOTHES, ETC D.) ANYrHING THAT MISSES THE DUMPSTER NORMALLY REMAINS ON THE GROUND I AM A MAINTENANCE WORKER AND KNOW THESE ITEMS TO BE A FACT. BELOW ARE THE ITEMS I WOULD LIKE YOU AND THE DEVELOPER TO GUARANTEE TO ENSURE A PEACEFUL EXISTANCE ON INDIANA STREET. 1.) 8 FT WALL, WITH NO VEHICULAR ACCESS, TO BE CONSTRUCTED BEFORE DEMOLITION /CONSTRUCTION BEGINS. 2.) NO CONSTRUCTION VEHICLES OR CONSTRUCTION WORKER'S VEHICLES TO BE PARKED ON INDIANA STREET. 3.) NO CONSTRUCTION VEHICLES, WHETHER REMOVING DEBRIS OR DELIVERING MATERIALS TO USE INDIANA ST. THERE IS AMPLE ACCESS AND PARKING FOR THESE VEHICLES VIA THE MAIN ENTRANCE ON MC DONALD ST. AND THE VACANT ADJOINING PROPERTY THAT THE DEVELOPER OWNS ON BIRD AVE.. THE DEVELOPER'S PROPERTY AND DRIVEWAY ON BIRD AVE. IS THE MOST LOGICAL CHOICE FOR THESE ACTIVITIES. .? { 93- 755 13 II. 4.) I WANT THE PEDESTRIAN GATES ON INDIANA ST. ELECTRONICALLY CODED FOR EMERGENCY PERSONNEL ONLY, THUS DISCOURAGING TENANT PARKING ON THE STREET 5.) I WANT THE CITY RECOMMENDATION THATA $10,000.00 BOND BE POSTED TO GUARANTEE THE MAINTENANCE OF THE WALL AND LANDSCAPING ON INDIANA STREET, THIS ITEM TO BE REQUIRED AS A CONDITON OF ISSUING A BUILDING PERMIT. ;W A FELDKAMP 5 INDIANA STREET OCONUT GROVE, FL. 33133 14 ::. 93- 755 Mr. Carlos Gener offered the following Resolution and moved its adoption. RESOLUTION ZB 85-93 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 ' TWO-FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN FIVE 'THOUSAND (5,000) SQUARE FEET, TO ALLOW ONE (1) ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL TWO THOUSAND FIVE HUNDRED (21500) SQUARE FEET OF LOT AREA, FOR A TOTAL OF TWENTY-TWO (22) DWELLING UNITS, FOR THE PROPERTY LOCATED AT 3036-38-42-44-54 MCDONALD STREET AND 3023-25- 27-31-33-39-45-47-49-71-73 INDIANA STREET, ALSO DESCRIBED AS LOTS 30, 33, 48, 49, 50, 51, 66, 67 AND 69 PALMHURST (7-22) PRDC, PER PLANS ON FILE; ZONED R-2 TWO-FAMILY RESIDENTIAL. THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IS SUBJECT TO THE ATTACHED CONDITIONS NO. 1, NO. 3 AND NO. 4 RECOMMENDED BY THE PLANNING, BUILDING AND ZONING DEPARTMENT, AND FURTHER SUBJECT TO DUMPSTER NOT TO BE PLACED ON INDIANA STREET, LANDSCAPING ON THE PERIMETER WALL TO BE MAINTAINED BY THE PROPERTY OWNER AND THE DELETION OF THE HANDICAPPED PARKING SPACE. Upon being seconded by Mr. George Barket, the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Moran-Ribeaux,, Sands, Luaces, Fox, Gener and Barket NAYES: Milian ABSENT: Alonso-Poch Ms. Fernandez: Motion carries 8 to 1 September 20, 1993 Item #1 Zoning Board 93- 755 15 LW planning, Building and Zoning Department reccm exxations for conditions for approval of a Special Exception for Item #1 - located at 3036-38-44-54 McDonald Street and 3023-25-27-31-33-39-45-47-49-71-73 Indiana Street: 1. In addition to all of the depicted landscape between the perimeter wall and the Indiana Street right-of-way, an additional hedge with 12'-0" openings at pedestrian access points and a sidewalk shall be provided; this is to discourage tenants and visitors from parking along Indiana Street; 2. A covenant, in a foam acceptable to the City Attorney, :oust be recorded, with a miniamn $10,000 bond to be posted, which ensures that the landscape and perimeter wall are maintained by the owner(s); 3. Construction activity along Indiana Street should be kept to a minimum; when construction vehicles must access the project through Indiana Street, notification of such activity must be made to the NET office at least 24 hours prior to this access. 4. A pi+eliminary Fire review indicates potential problem with adequate - fire protection and accessibilitye particularly to the units along McDonald Street without pedestrian access gates - the Fire Department has accepted provisions for a standpipe system to be located on the site and additional hydrants if necessary at the time of pe= itting. 16 93- .755 ,J APPLICATION FOR SPECIAL EXCEPTION B File Number within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in � particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions. (See Article 16) Formal public nutie.s �Ad hearing is mandatory for Special Exceptions, The Lwilny Soard shall bi %olely rts",msible for determinations on applications for Special Exceptions. All appiications shall be rfferred to the director of the Department of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these regulations. I, _Li!hWi OiwQ4.Scs„ ereby apply to the City of Miami Zoning Board for approval of a Special Exception for property located at SdWS-4:eJDaw,. S4,ym VL Nature of Proposed Use (Be specific) o b�,2. Laos 1t5 In support of this application, tithe foliowiq aterial is submitted: 1. IVe► copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. 2. Four copies of: the site plan shoeing (as required) property boundaries, existing (if any) and proposed., structure(s), parking, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. �i 3. Affidavits .-disclosing ownership of property covered by application and disclosure of interest form (attach to application). 4. Certified list of owners of real estate within a 375-f6ot radius of the outside boundaries of property covered by the application. S. At least two photographs that show the entire property (land and Improve- ments). jj cam. _ `� X 6. Other (Specify) 4 S o tJ..yee �cN}Coa R� 1 Zes�"' wu+a a9l ee •..`. wA,RRl�brsD T.'ng' Fee of f� to apply toward the cost of processing; 93- 755 4 "Y Special Exception .......................... 5650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars ($650) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five 9375) feet of the subject property. (City Code - Section 62-61) Signature tZL Own r r Authorized Agent President and Director Name M�► � W`►ymSit Address laZl SW ►2S $kqemr�w Phone STATE OF FLORIDA) SS: _ COUNTY OF oJ60E V being duly sworn, deposes and says that he is the (Authorized Agent o er of -the real property described in answer to question #I, above; that he has foregoing answers and that the same are true and complete; and (if acting u pent for owner) that he has a thorit t ex a this petition on behalf of the owner. S (Name) President and Director SWORN TO AND SUISCRI'ED before! this t S day of V1v� - I99 �. ' *44Pot, Public S of Florida at large - mm My Coission Expires: T&MY1F0Rum my corn bwan ccassm EM:.•.ar. 17 Jeep �� 93- 755 i 'f AFFIDAVIT STATE OF FLORIDA } ' } SS COUNTY OF DADE } Before me, the unu�ersign authority, this personally, appeared VU! 9,(--who being by at first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and Bade a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for his to act in their behalf for the change or modifica- tion of a classification or regulation of toning as set out in the accompanying petition. 9. That the pages attached hereto and made a .part of this affidavit i contain the current names, ailing addresses, phone NOW$ and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in.the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. EAL) (N ) President and Director Sworn to and Subscribed before me this (S " day of Jam, 195� �jolly roo, TOW JF01WAIi • mr comminwo ocaeaa JUL 17 12W Notary hbl' ' St a of Florida at L 93- 75519 ONNER'S LIST Owner's Nave ,�� Cl'ti..►c Mailing Address _ S .1, ��a�A S��A. �► `}"�..- 3''�tsg Telephone Number9"��''l i Legal Description: ewn""l-ttae 4txal VLL3*ep-.� I I Mailing Address a�O4'S �NDIi►1.�� S'�`R�� k��i-�C. 33�3 Telephone Number ��..�� t . 39�(c�S� _ MUL Mak Legal Description: z ` Owner's Man Mailing Address Telephone Number Legal Description: Any others real estatO property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 tat of the subject site is listed as follows: Street Address see 4ML4-a �ql Local Description 93 755 Revised DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: See attached Exhibit 'flit 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 utter of a presentation, request or petition to -the City Commission. Accordingly, question /2 requires disclosure of - shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Mercur, Inc. is the sole owner. Mercur, Inc. is owned 100% by Neptune, a limited partnership. Neptune is owned 100% by Dr. Hans Thoma, 10821 S.W. 125th Street, Miami, Florida 33176 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 02, and (b) located within 375 feet of the subject real property. See Attached Exhibit 112" OWNER OR ATTORNEY FOR OWNER ADRIENNE FRIESNER PARDO STATE OF FLORIDA } SS: COUNTY OF DADE } Adrienne Friesner Pardo , being duly sworn, deposes and says that he is the (Owner) (Att_ owe; fs__` _Qwmer) of the real property described in answer to question 41, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he hes.authority to execute the Disclosure of Ownership form on behalf of the owner. (Name) SWORN TO AND SUBSCRIBED before me this day of 19,E MY COMMISSION EXPIRES: Notary Public, State of Flo da at Large r1'�15 r1l, f% MORGANEM TE OF FLORIDA O. CC257631XP. AN. 28, I997 93- 755 MW Lots 30, 33, 48, 49, 50, 51, 66, 67 and 69, of PALMHURST, according to the Plat thereof, as recorded in Plat Book 7, Page 22, of the Public Records of Dade County, Florida. 3u3L- L4 - Sy M Li -73 22 EXHIBIT "1" 93- 755 3aU� ��(� ��Grl✓C.. 3 �, � v i j � J � , 3� 1 •-j , �j� 1 l.o � 3a:� `' Fj r e-el ,%J`n'r►✓� V Lot 11 less the_ South 30 feet and East 5 feet of Lo't'2, less • the South 30. feet," 'less the North' 10 feet of PALMRST, according.#o the Plat thereof; as recordeO in Plat Book 71 on Page 22, of the Public Records of made County, -Florida. All of Lot 3; Lot 2 less the East 5 feet of the Nort2 120 feet thereof; and the. South 30 feet of Lot 24 of PALMHURST, according to the Plat' ther®of, as recorded in Plat Book 7, Page 22, of the Public Records of Dade County'-, Florida. The South 75 test of the West 43.5 feet of 'Lot 4 and the South 75 feet of Lot 5, of PA%MWM ST, according to the Plat thereof, as recorded. in -Plat Book 71 Page 22, of the Public Records of Dade County, Florida. .Lot 4,_ less'the South 75 feet of the. Wist 43.5 feet thereof, and the North 75 feet of Lot .51 - of. PALXMJRST; according to the Plat thereof, as. recorded in Plat Book 7, at Page 22, of' the Public Records of. Dade County, Florida. w ►-�, a -is EXHIBIT "2" 93_ 755 23 CITY OF MiA%. FLORIDA INTEROFFICE MEMORANDUM Sergio Rodriguez August 26, 1993 -- Assistant City Man4ger s,a,EC- Zoning Board Resolution � ZB 81-93 (ZB Meeting of e Nfiriaum�Ma r 7 19 93, Item #8 Chief Assistant City Attorney QSrEQe%CES Zoning/Development Division ENCLCSuQES At your request this office has reviewed referenced Item. This request for a Special Exception and the application therefor, including the Disclosure of Ownership form. City Code Section 2-308, a copy of which is attached hereto for your convenient reference, requires complete disclosure of all natural persons having an ownership interest, direct of indirect,, in the subject real property, on a form provided by the City. As you know, the Disclosure of Ownership form presented to the Zoning Board on July 19, 19.93 was incomplete. It is my advice that the Zoning Board Resolution ZB 81-93 be rescinded and that the application, including a complete Disclosure of Ownership form, be sent back to the Zoning Board for its consideration. Furthermore, the Chief of the Hearing Boards Division should annotate the applicable file(s) to indicate that said Resolution No. ZB 81-93 has been rescinded. M521/fps/GMM cc: Teresita Fernandez, Chief, Hearing Boards Division Joseph McManus, Deputy Director Planning, Building & Zoning Department Lourdes Slazyk, Planner II Planning, Building & Zoning Department Enclosure: City Code Section 2-308 93- 75525 CITY OF MiAMI, FLORIDA INTEROFFICE MEMORANDUM Sergio Rodriguez Z''IG- August 26, 1993 -- Assistant City Manager SAILAC- Zoning Board Resolution ZB 81-93 (ZB Meeting of 'Miriam�Maer 7 19 93, Item #8 Chief Assistant City Attorney gGGEgE".CEs Zoning/Development Division ENCLOSUC3ES At your request this office has reviewed referenced Item. This request for a Special Exception and the application therefor, including the Disclosure of Ownership form. City Code Section 2-308, a copy of which is attached hereto for your convenieant reference, requires complete disclosure of all natural persons having an ownership interest, direct ok indirect„ in the subject real property, on a form provided by the City. As you know, the Disclosure of Ownership form presented to the Zoning Board on July 19, 19.93 was incomplete. It is my advice that the Zoning Board Resolution ZB 81-93 be rescinded and that the application, including a complete Disclosure of Ownership form, be sent back to the Zoning Board for its consideration. Furthermore, the Chief of the Hearing Boards Division should annotate the applicable file(s) to indicate that said Resolution No. ZB 81-93 has been rescinded. M521/fps/GMM cc: Teresita Fernandez, Chief, Hearing Boards Division Joseph McManus, Deputy Director Planning, Building & Zoning Department Lourdes Slazyk, Planner II Planning, Building & Zoning Department Enclosure: City Code Section 2-308 93- 75525