Loading...
HomeMy WebLinkAboutM-92-0358J-92-3 8(a) 5/11/92 RESOLUTION NO. 9 2_ 357 A NSOLUTION AFFIRMING THE DECISION OF THE ZONI G BOARD AND GRANTING THE TEMPORARY VARI\HEREI ROM SECTION 1903.1 OF ORDINANCE NO. 1100AMENDED, THE ZONING ORDINANCE OF THEOF MIAMI, FLORIDA, ARTICLE 4, SECT401, SCHEDULE OF DISTRICT REGU, TO WAIVE 5 OF 5 REQUIRED OFFSARKING SPACES FOR THE EXISTING COMMUSINESS (THE PAPER WHOLESALER) FOR ROP RTY LOCATED AT 2638 SOUTHWEST 28THMI I, FLORIDA (MORE PARTICULARLY DESCHEREI , ZONED I INDUSTRIAL, FOR A PERISIX MO HS. WHEREAS, the Miami Zon'ng Board at its meeting of April 20, 1992, Item No. 4, duly dopted Resolution ZB 32-92 by an seven to two (7-2) vote, grant%ng a temporary variance as hereinafter set forth; and WHEREAS, an adjacent property owne has taken an appeal to the City Commission from the granting of t temporary variance; and WHEREAS, the City Commission after careful\consideration of this matter finds that there are peculiar \ circumstances affecting this parcel of land and that practical ifficulties and unnecessary hardships exist which would impair t e owner's right to the reasonable use of the property with ut the temporary grant of a variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF HE CITY OF MIAMI, FLORIDA: REcotjS+1F Pet Q,;-392 CITY COMMISSI MEETING OF MAY 2 8 1;;92 Resolution No. 9 2-- 357 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 affirmed and the temporary variance from Section 1903.1 of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, to waive 5 of 5 required offstreet parking spaces for. the existing commercial business (the Paper Wholesaler) for the property located at 2638 Southwest 28th Lane, Miami, Florida, also described as Lots 19 and 20, Block 52, SILVER BLUFF ESTATES SECTION C, as recorded in Plat Book 10 at Page 65 of the Public Records of Dade County, Florida, Zoned I Industrial, Permitted Principal Uses, is hereby granted for a period of six months. Section 3. This Resolution shall become effective immediately upon its adoption.. PASSED AND ADOPTED this 28th day of May , 1992. XAVIER L. SUAREZ ATTEST: MAYOR MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: 1Ar'1 Yid?�.. Av, G. MIRIAM MAER Q S, II CHIEF ASSISTANT CITY ATTORNEY XTY ATT EY GMM:ra:M2920 - 2 - 92-- 357 0 ZONING FACT SHEET 40 PZW1 LOCATION/LEGAL 2638 SW 28 Lane Lots 19 and 20, Block 52, SILVER BLUFF ESTATES SEC C (10-65) APPLICANT/OWNER janyce Robins, Pres. G Robert Granoff, A. Vicky Leiva, Esq., Agent Warehouse 1 3528 Royal Palm 201 South Biscayne Boulevard Coconut Grove, Florida 33133 Miami, Florida 33131-2305 Home: 836-1400 Work: 836-1400 371-8585 ZONING I Industrial REQUEST Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, I Industrial, to waive 5 of 5 required offstreet parking spaces for the existing commercial business (The Paper Wholesaler). RECOMMENDATIONS: PLANNING, BLDG & ZONING Denial. PUBLIC WORKS No Comment. PLAT AND STREET DADE COUNTY TRANSPORTATION No Comment. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 98-210 Last Hearing Date: 07/27/8a Found: DISMISSED Violation(s) Cited: Exceeding the Certificate of Use (WHOLESALE ONLY BY RETAILING); and Failure to provide the required parking for retailing. Affidavit of Non -Compliance issued on: N/A Lien Recorded on: N/A Total Fines To Date: N/A Comments: Nearing Boards received an Affidavit of Compliance - dated 07/07/88. $50 Administrative Fee was paid on 07/28/88. HISTORY This item was continued to April 20, 1992 from the Zoning Board Hearing of October 7, 1991 for the staff to analyze the parking problem in this area. An item for reconsideration was brought back at the applicant's request on the Zoning Board Hearing of February 10, 1992 and it was denied by 7 to 2 vote. ANALYSIS The results of the study will be available at the hearing; the Department of off -Street Parking Board has scheduled this item in its agenda of 3/25/92. There is no hardship to justify the requested variance to allow a retail/wholesale establishment to operate with no offstreet parking. The alleged hardship is self-imposed through the change of use from wholesale to retail business. There are no special conditions and circumstances that are peculiar to the land, structure, or building involved that are not equally applicable to other lands, structures, or buildings in the same zoning district. Literal interpretation and enforcement of the provisions of the Zoning Ordinance will not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and will not work unnecessary and undue hardship on the petitioner. Granting the requested variance would confer on the petitioner a special privilege that is denied to other properties in the same zoning district. 92- 357 92- 358 APPLICATION NUMBER 92- 28 April 20, 1992 Item# 1 Page 1 05/19/92 Yes No N/A X ki X X X ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMBER 92- 28 Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The special conditions and circumstances are an indirect result from the actions of the petitioner. Literal interpretation of the provisions of Zoning Ordinance 11000 deprives the appla:ant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. The grant of this variance is in harmony with the general intent and purpose of this zoning ordinance and is not injurious to the neighborhood, or otherwise detrimental to the public welfare. April 20, 1992 Ite" I Page 2 05/19/92 ZONING BOARD At its meeting of April 20, 1992, the Zoning Beard adopted Resolution No. ZB 32-92 by a vote of 7-2, granting a temporary variance for the abovet for a period of six months. Eleven replies AGAINST were received by mail. kt .E 92- 35'7 92- 358 t JACK R. RAcE, JR. ATTOPNEY AT LAW APCA COOL 305 $43-0240 642-0360 April 30, 1992 IOCAT#ON: 24t4 iV. W. rops,T 6TPCCT pjj�i� and Zoning Department 275 N.W. 2nd Street- Room #226 Miami, Florida 33128 Attention: Teresita Fernandez MAMING AOOPCSS: P.O. "OX x 351027 MtA t, PLoaxna sam-1027 I:� rt ND4 aIVERED ri=33q, 1992 wo Re: Appeal of Variance from ordinance 11000 rn Applicant: The Paper Wholesaler Cl) Dear Members of the Board: e.� Please be advised that I represent James G. Robertaon w. owns the property at 2600 S.W. 28 Lane, Miami, Floda,= located within 375 feet of the site for which the aisove variance was granted. th As his attorney he is taking an appeal to the decision of the Planning and Zoning Board as set forth in the Planning and Zoning Board's Resolution No. 32-92, passed and adopted the 20th day of April, 1992, at approximately 7:30 P.M. in which the Board did grant to the applicant (The Paper Wholesaler) a temporary variance from ordinance 11000, as amended, the Zoning ordinance of the city of Miami, Article 4, Zoning Districts, Schedule of District Regulations, I Industrial, to waive 5 of 5 required offstreet parking spaces for the existing commercial business (The Paper Wholesaler) on above site, as per plans on file; Zoned I Industrial, on the site known as 2638 S.W. 28 Lane. That this appeal is being taken to the commission of the City of Miami as the Zoning Board failed to follow the law, failed to follow the evidence, and ruled contrary to the fact that the applicant failed to present a hardship on the application for a variance and before the Planning and Zoning Board. That to waive all 5 of 5 required offstreet parking spaces is contrary to the zoning laws of the city of Miami as set forth above. That the applicant failed to establish a legal basis for the waiver of 5 of 5 required offstreet parking spaces for the existing commercial business known as "The Paper Wholesaler." 92- 357 92- 358 y i Planning and Zoning Department -2- April 30, 1992 That it is requested I be informed as to the time, date and place in which this appeal will be heard before the Commission of the City of Miami. Your prompt attention to this matter would be appreciated. Very truly yours, e,, Jack R.Rice, Jr. Attorney for James G. Robertson, M.D. Approved: I 4T-t es :GG. 0 beproperty M.D. er of the property located at 2600 S.W. 28th Lane, Miami, Florida* located within 375 feet of the above site for which the above variance was granted. ai 92- 357, =n99 C) AD I NWMA imam 7— F, 0 tun all p gun diet Ilk less A ip Orin M W'" AN cr,!= now cti l� ta�•� 4A PdL. SIL 1AA a] t'j.- -Af vcn 1[3 1 '41 0 P ppl— ,I l.ZFW,% U 71 of . tail bi �1 3 � , y }• }' yq xy�y� ....:�{E..�ih... ..... �.� ...?`� k r. ., y.y ...=r�a ,.. ■.""{°. s�.... .. -S. g .. � ' ,macm,rosr+ o`�'^ H < � 5 t ; o n #t y i'� ' sf�, x ���s3� K 5-R� 3�:?' x y 'j►. , _ fs..� 7 �t'' s�,�ai 'i :: a y :•. .76'•4.v' �c 3° r.:, ,: r 2 y ?a .. � a � 2 .,y� d�'(-� 1flct � .,,, ► �t ';�f• 'x A- {it s .j �ayfi i^., >� ; r} ,yJ��tiw � � cxY,,� � t.,x _., .i � 6 �. y :y� $�lt ; } .»•� :$ s`Uc .� y ♦ t.h ib.Lkti..h y '� � � ;,. "'h tt 3.r2��s}r J A ,�,.; w' ,ssY'.' � '►.. "t"1i x 4 .,r1f �Y { v's i -ds� •�� sty z. �x : •. • ter � - -;b ,�. "'j{.t� h4 iXi< s'A � 1F 1w'•'li t�"K' _ .� i a�yvk y4��iri�w' �P fSi'J. �%zx t c,'+,h r.. � c '�it { tiK�':�}h��p'�YM#�y R; ar�' I r> z�r'•`' S'.w�x,�.F �<t � i ..e ., .y > t� •-£Y+1Jq t�� r" r' x �e - S� bans3 '� w�nrh , Ww".H'� A i'3, ate bS - „�1• i'T t ZS � h..��y�( '• �� 4s %: r ' . '. ., Pool c ,r� ::' �„ +�y`tu3 $?,err �' i. •,r' •✓� rki,... Yta its < .. fQ++`„ •S,, .. .. ; v�""`�^••^' r_'} ,,,• tt� ., _ i Tt i♦M to F39 _ ' •x yr. � p yr � y'~ t ;-a yr rr•"}' ,� �. .,sue '�.: .: . TIM - ' �.9 ' � Lis t 7►3. - t t 7 !r"{� t..,,a. ,..� '"rx .{•f.::1 N1[�R:�vi 't.��'+Mf :i�:�'�aT#: r r a sty<^`�y�y"""' ',"�'" i�-i;,WsR+s dX''�A'• 'it S) PETITION FOR VARIANCE File Number V43- A variance is relaxation of the terms of the ordinance where awh action wdt ,trot be ewurary to the public interest and ethers, owing to conditions pecuilar to the P VPWCy and not the result or actions of the applicant, iiiteral Worcement of t?ds ordnance would result in unnecessary. and undue hardWp an the property. As used in this ordtnancsr a v®riancs is authorized. cauiy for hd^ arec4 size of s►trUCUd-e, dimensions of yards and other open spaces and offrstreet Ong or ioadiutp requiremeruts. (Section 3101) I, 0BINS hereby petition the City of Miami Zoning t=c for a variance from the terns of t "Zoning Ordinance of the City of Miami; affecting property located at 2t;38 SW 28 LANE Miami, as specified below. In support of this application, the following material is submitted with this application - X I. Two d copies of a survey of the property prepared by a State of Florida Registered Surveyor. .X 2. Four copies oft the site plan showing (as required) property boundaries, exlsting Of any) and proposed strvcttare(s}, parking, Iandsoxx h% etc; building elevations and dimensions and computations of lot area (grass cnd net), building spocing, LL4 ratios, and height envelope. X 3. Affidavits disclosing ownership of property covered by aipplication and disclosure of interest form (Forms 4.83 and 4a83, attauda to application). , 4. Certified list of owners of real estate within 377 radius from the outside boundaries of property covered by this application. (Form 6.83 and attach to application.) .....jx S. At least two photographs that snow the entire property (land anJ improvements L S. Other (SO@ Iy) NONE Fee of $.'.=:,.:"=to apply toward the cost of processing, based of the followings (a) RS, RC-1 (residential uses) $200.00 (b) For penetration of Plane III by antennas and the like $500.00 (c) All other applications for each request variance $0.07per sq.ft. of floor area of building(s) from the ordinance minimum - $550.00 (d) Surcharge equal to applicable fee from {a)-(c) above, not to exceed $550.0N to by refunded if there is no appeal. (City Code - Section 62-61) H. The Variance rested is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follOW32 See Attached „ 9. In support of this application, the applicant Is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the CIty of Miami Zoning Ordinances Note: This application cannot be accepted for Zoning Board actton Urdess ait of the following six items are completed'. . .....� (a) Special eonditiond and circumstances exist which care peculiar to the land, structure, or building involved and which are not appiicabie to other lands, structures, or buildings in the same zoning district In that: (tilt evidence to be produced and ryas additionot sheets, if neeessarya See Attached (b' The special conditions and circumstances do not result from the actions of the petitioner in that: (a) Literoi interpretation of the provisions of the zoning ordinance weld deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessoryf and undue hardships on the petitioner in thatr See Attached W Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the some zoning district in that: See Attached (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the lard, building, or structure in that: See Attached 92- 35'7 92- 358 t ....�. (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the .some zoning distcict under the terms of the zoning ordinance and would work unnecessary, and undue hardships on the petitioner in than See Attached (di Granting the variance requested will not confer an the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district In that: See Attached (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in thais See Attached 92- 357 92- 358 g, She Variance requested is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follow= See Attached 9. In support of this application, the applicant Is prepared to offer the following evidence, an the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance: Note: This application cwmat be accepted for Zoning Board action unless Oil of the following sx items are compifU& (a) Special et or buiHanlding nginvolve+d and which or nocircumtonces exist wt a 01caare lepeculiar to Other lands, s#rua�tvre, s ructures, or buildings in the same zoning district in thah (list evidence to be produced and use additional ,duets, It necsssarya See Attached (b) The special conditions and circumstances do not result from the actions of the petitioner in that: See Attached (#) The grant of the WOW will be in hormany with the general Intent and -�» pie - of the Zoning Ordkxncs,► and will not be injurlous to the neighborhood, or otherwise detrimental to the public welfare. See Attached . re stttdtes, ledbits or other writtot r�\ g ado matVid to be Note. All docwmenu+ Pow+ aabmttted to the Zoning Board stu�it be slIbm,ined with 7— STATE OF FLOPMA) SS: COUNTY OF DADE ) ,I ea gvwlft" \\ � Name 1 L Warehouse #19 Inc. Address 28 R val Palm Coconut Grove, 3 795 �W 72 Street Miami, Florida 33150 AL-) 4 .S bsbq duly s d Und San of the real property described in tasizect=a answer to questlan #1, above; ti�cs'tist�e has read the fot�egoin9 aruwers and that the same are true and C—letel and of acting as agent for owner) thatshe has authority to eyaerute this petition on behalf of the owner. � U (SEAL) acne � yce Robins Pre s arehouse #1, Inc. SWORN TO AND gtMSCRISED bef ea this day, o fj;-tU-y-1JubfiCj&ftttAi Hart= at LW98 MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA Fly CnImISSIC`a EP. APR. 5,1995 SOMS-D TNRU G:t4RAt INS. UND- 925' 92- 358 F,-•rn I-83 8. Variance for off-street parking Art. 99 Sec. 917 and Art. 4 �C4--� 9. (a) The subject property is occupied entirely by the building in which the use is located thereby affording no on -site parking opportunity. Prior to the development of Metro- Rail,land along the FEC/RW was utilized for parking. After the construction of MetroRail, this land was no longer available and, as a result, this.-prbperty, as well as others on the same black, became deprived of, available parking other than metered, on street parking. (b) Loss of parking was due to public actionrather than a voluntary relinquishing of same by petitioner (c} Other property owners in the area are using their properties in the same manner in which the subject property is being used. Most of the businesses face same farsam, o leneed for parking without opportunity to provide site. (d) In the event of City enforced parking requirements in the area the other ritrnocessary toswho seek theethe same relief�e of use will f (e) The area was originally developed in uses which afforded them bylthed to the transportation opportunity industrial, services of the FEC Railroad - manufacturing, wholesale type uses. Over the years, especially in the past several years, the environment has changed. The railroad was replaced by MetroRail, manufacturing/industrial uses are gradually being replaced by lighter commercial uses such as antique shops which operate as retail uses selling, not just to the trades but to walk-in customers Until such time as a unified solution made possible.by the joint efforts of the City, counter and the property owners/users, reasonable use of the sub eot property as well as the other properties along 28 Lane, will become increasingly difficult (f) Included within the general intent and purpose of the Miami Comprehensive Neighborhood Plan and of the Zoning Ordinance and as a requisite for -assuring all of the other stated and generally accepted purposes of such Plans and Ordinances, are the needs to, ". . . create a . favorable environment. . .I to stabilize and enhance property and civic valuesi to aid in development and theof the economicsocialtstructure uponotectwhich thesgood of th 92- 357 92- 358 l�- E 2 all depends." Without economic stimulation and encourage- ment of feasible development and property utilization, communities stagnate and deteriorate and all of the other purposes of Plans and Ordinances cannot be realized. Granting the requested variance will make the continued use of the property possible and will be the first step in the move toward finding a solution for not only the subject property but the area. 9 q, 92- 357 92- 358 0 - . 0 3TJVAVS OP TLORIDAi s COUM or "ON i Before so, the undersigned authority, this day Personally appeared JANYCE ROBINS -t who being by see first duly SWCUp Upon oath, deposes and says: 1. Thatshe is the owner, or the legal representative of the owner# sobattting the acc=g%ftying apPlication for a Public hearing as rat=uiared by Ordinance 11000 of the Cods of the City of Mimi,, Florida, effecting the real, property located in the City of xiaai, as described and listed -on the Pages attached to this affidavit mad made a Part thsreol. Z. TM% all owners which s he "VZ*mmts, if any, have given their tall ant coaplets permission for V& to act in their behalf for this ChAn" or modiflCation of a Classification or regulation of zoning as set out in the accompanying Petition. 3. That the Pages attached hereto mad made a Part of this affidavit contain the current mares# mailing addresses, phone sun& ,$ and legal descriptions for the real property which she is the ohs or legal representative. 4. The facts as represented in. the application and documents sW=Ltted in conjinetion with this affidavit are true VW correct. rurther 1lffiant sayeth not. (SZAL ) (11TU ANYCE ROBINS, PRES. WA EHOUSE #1, INC. Sworn to MA SUbscribed before M f this 77 ''_.._,,._dap of �• 11-�r 9 2 -- 357 92- 358 �� notary Publ # Stits of Plo da at Large tR' s_ LIST ;„' �� r u - Jan ce Robins Pres. ownsntilinq Address 795 NW 72 Streets Miami, Florida 33150 TeleOnone Humor (305) 836- 1400 Legal Description: Lots 19 & 20, Blk 52s SILVER BLUFF ESTATES SEC. "C" according to the plat thereof recorded in Plat Book 10, Page 65 of the Public Records of Dade County, Florida Owner's N ce Robins Pres. Warehouse #,1, Inc. pAiling Address Same as above Telephone Mailer Same as above Legal Description: Same as above 0~11 lieme Granoff - Warehouse #1, Inc. tuilinq Address Same as above Telephone N�erSame as above L"ai Description: r Same as above Any door, real estate property oawsd individ"liya jointly. or severally (by corporations partnership or privately) within 379' of the subject site is liam " follow: Street Address Lebal Desch Won None None Street Address None Street Address r U hriP .L!Jal Description Legal Description w 92 357 92-w 358 1. tagal dose ripticn ad street aditG" of sumacs real t Z " s Lots 19 & 20, Blk 52; SILVER BLUFF E TATES SET ON C", according to the Plat thereof recorded in Plat Book 10, at Page 65 of the Public Records of Dade County, Florida. 2638 SW 28 Lanes Miami, Florida 33133 2. •Ownert6) of A20eat real and percentage of ownership. Notes City of Kiasai Ordinanoe No, 9 rwim discl+ow= of all parties &Tf"slq a financial interest, either direct or indirect, in the wiajee'.fi setter of a pratentation• request or petition to this City Cosssission. Accordingly# goestift #2 requires 4isclow4to of all shareholders of CORpGra AMO I - - p�s .C#J1irill�aof trists, Wer ally otbel tft=10"d parties,roQeebe . vL?A their wasod pCm10v"ti+ Md1 interest.. Warehouse #1, Inc. 10O% Janyce Robins owns 50% of Warehouse #1 Robert Granoff owns 5O% of Warehouse #1. Their address iss 3528 Royal Palm; Coconut Grove, Florida 33133(home) ?95 NW 72 Streets Miami, Florida 33150(office) 3. LagaL dema 1pticn and street a"rSISS of cap reab proVertg (a) otiloed by any' pasty listed in now to gwwtian #2, ad (b) lcestsd within 375 feet of the wlajett sell pawty None JANYCE t0 INS, PRES. WAREHOU E #1, INC. UGUZ Cr 90 bf /) S , lM dd y VA=* d*=W and "is Mastie a 'riot yner ) of the real pIGPOstY described in answer to gnstian #I* do of thslaw ban await tiara fas- 10 1n4 mmw=s afd that the s in tress ad c olaRet ald (3f allure# an ate flow overssr) alas tee hash aattsarity to ass =* tells hisarl+MMn CC Cwaeafiip am on behalf of On awes. 16 t " lh� day of See -'M �. '9l JANYCE ROBINS, PRES. 92 3p WAREHOUSE A, INC. �r o0 or WM1 Dtinq ftly swam, be +ees + ! says swe tM Y � ��,w eS• Warehouse # Inc. the owner of the real pta�rtY iaso uI arr�er to gw�stson sr+eI thst�he has reed the for'spUq anmoret that tilts DiscLsreut WA r- phpe an bw3w � ate• y JAMCE R BINS, PRES, WAREHOUSE #1, INC. Slr t ToMDso � oetore as this NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. APR. 3.1995 BONDED THRU GENERAL INS. U►m. 99--- 357 92-- 358 1-2 C f • LAW arricts FEnREr-T-, CAnDFNAs, FimTEL Inc MoRALEs A PROCESSIONAL ASSOCIATION SUITE 1920, MIAMI CENTER P.Of SOUTH BISCAYNE BOULEVARD MILTON M. rEPPELL, JR. MLAN34 FLOR A C33131-2300 ALB-:RTO P. CARDENAS A-.N K. rEnTEL TELEPHONE (305) 371- 8585 ALICIA M. MORALES TELECOOIC0 (305) 371- 5732 A. VICKY LEIVA GUY K. STEWART. JR. PETER S. KNEZEVtCH GREGORY A. PREBISH January 21, 1992 Teresita Fernandez Clerk of the Hearing Boards City of Miami Zoning Dept. 275 N.W. 2nd Street IV Miami, FL 33128 ry Dear Ms. Fernandez: Our firm represents Warehouse #1, Inc. d/b/a The Paper Wholesaler through its President, Janyce Robins. Please forward all information regarding this application to our address. If you have any questions or require further information, do not hesitate to call. Thank you for your assistance. VI Y LEIVA AVL/mq 64"4 cc: Janyce Robins Laura Howell Al Cardenas 92- 357 92- 358 -- ------------ W AREA CODE 305 643-0240 s42-0380 LOCA"NON: 2.24 N. W. FIRST STREET jAcic R. R31 C-R, JTt- ATTORNEY AT LAW Miami Zoning Board 3500 Pan American Drive DinnerKey Miami Florida April 20, 1992. I Re: Variance from Ordinance 11000, to waive 5 of 5 required offstreet parking spaces for the existing commercial business he Paper Wholesaler) on above site, as per plans on file. Honorable Members of the Miami Zoning Board: MAIONG ADDRESS: P.O. BOX za&A&a3 510 27 MtAxt, FLOWDA 33105 Please be advised that I represent james G. Robertson, M.D., who owns the property at 2600 s.W. 28 Laner Miami, Florida. Due to the fact that I have been ill and in intensive care in the hospital and unable to represent Dr. Robertson, I will not be able to be present at the hearing re above. II request uest that an extension of thirty days in . be granted and the hearing co ntlicuedant wantsThis therequest Boardis to based on the fact that the appof the I fact that waive all offstreet parking in spite they have adequate offstreet parking on the property leased from Dr. Robertson, adjacent to their present location. The rented lot is 7500 square feet and holds twenty (20) cars plus or minus depending on size. The applicant knew that their property did not have any offstreet parking facilities. Therefore, the lack of parking isIn a self created hardship in the part of the applicant. order to obtain a variance, the applicant must show a hardship which can not be done under the circumstances. The Board should take note that this is a total waiver of offstreet parking. The applicant has other stores in Dade County located at: (1) 10101 NW 79 Avenue, Hialeah, FL; (2) 8259 W. Flagler St, and (3) 18329 S. Dixie Highway, in addition to the store in controversy located at 2638 S.W. 28th Lane. 92- 357 -2- April 20, 1992. There is no reason to grant the applicant a variance when other businesses in the area have complied with the offstreet parking requirements including my client Dr. James G. Robertson. At a previous hearing there was an erroneous statement made into the record by the applicant's attorney stating that the offstreet parking leased from Dr. Robertson would only hold five (5) motor vehicles and the conditions of the walls made it hazardous for drivers to park their cars. This is totally untrue and an examination of the offstreet parking facilities rented from Dr. Robertson reflects that adequate parking is available and the applicant has made use of this offstreet parking facility to service its business from the time the lease was first entered into. Predicated on the foregoing, it is requested that (1) a thirty (30) day extension of the hearing be granted due to the health of Dr. Robertson's attorney, and (2) that in the event no extension is granted, the applicant's request for variance be denied. -Respectfully submitted, 4 jr Rice, Jr. ,�t/n;y for James G. Rcibertsonj M. D. rA�MAO M.-IM ' CITY OF MIAMI. FLORIDA J INTER -OFFICE MEMORANDUM DATE FILE Gloria Fogs, Chief November 12, 1991 Bearing Board suEWECT Planning, Building U Zoning Dept. Status of Appeal of t Continuance N 2638 S.W. 28 Lane FROND i'liriam Mae REFERENCES Chief Assistant City Attorney Zoning/Development Division ENCLOSURES My recollection of our discussion on the above-rc.I'erenced Item, is that Z recommended to Sergio Rodriguez, Assistant City Manager that the City Commission has no jurisdiction to review the appeal on its merits, (as set forth in A. Vicky LeivaIs notioe of appeal), and that unless and until I am persuaded otherwise by a review of case law and/or other authority, I am of the opinion that the appeal to the City Commission of a non -final order (a motion to continue) is likewise improper. I believe Guillermo Olmedillo, Deputy Director of the Planning, Building and Zoning Department indicated he was in communication with A. Vicky Leiva in this regard. Although I spoke with her on this issue on Ootober 24, 1991 (our last City Commission Meeting), and I have not received anything from her to date. GMM:ra:P2011 92- 35'7 r 92- 358. trt s.rm.s I L— '-' M n L Lkip 3 L 1-11 W rt P P T J-92�358(A) 5/11/92 RESOLUTION NO, A RFSOL TION AFFIRMING THE DECISION OF THE ZONING OARD AND GRANTING THE TEMPORARY VARIANCE OM SECTION 1903.1 OF ORDINANCE NO. 11000, AS ENDED, THE ZONING ORDINANCE OF THE CITY MIAMI, FLORIDA? ARTICLE 4, SECTION 4 , SCHEDULE OF DISTRICT REGULATIONS, O WAIVE 5 OF 5 REQUIRED OFFSTREET PARK NG SPACES FOR THE EXISTING COMMERCIAL BUST ESS (THE PAPER WHOLESALER) FOR THE PROPERTY Lf�CATED AT 263$ SOUTHWEST 28TH LANE, MIAM1, LORIDA (MORE, PARTICULARLY DESCRIBED HEREIN), OZ. I INDUSTRIAL, FOR A PERIOD OF SIX MONTHS. P . tt 2 WHEREAS, the Miami zoning\edR ts meeting of April 20, 1992, item No. 4, duly Ledion Za 32-92 by an seven to two (7-2) vote, grunary variance as hore:inefte3r set forthf WHEREAS, an adjacent propertken an appeal to the City Commission from the grantporary variance; and WHEREAS, the City Commission after careful co side�ration of this matter finds that there are peculiar o rcumstanees affecting this parcel of land and that practical di icultiees and unnecessary hardships exist which would impair the wn'67r:l right to the reasonable use of the property without the temporary grant of a variance an hereinafter sat forth; ' NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION Or TH 3 CITY OF MIAMI, FLORIDA: { A �0 .. r1 "'® Lllh N TMI; -PA .rf;jl'AwUw HOLESALEIR Operated by Graco Paper Company Est. 1945 RESTTAU RANI e NOPARTY SUPPLIES OPEN % DAB` m co ecfion wi WE SPLIT CASES COCONUT GROVE i LER PERRINE 2638 SW 28TH LANE 1 N H AVE Ma LAGLER 18329 S. DIXIE HVff. {JUST Off SW 27TH AVE. & US 1) (OFF THE AT 103 ST. EXIT) K PLAZA) 285-1551 825-47T0'� 9949 (US 18 EUREKA OR.) 252-7874 10% OFF i0f OFf 10% OFF 10% OFF HELIUM CHILDREN S GALLON BALLOONS TANK PARTY PINE OR LEMON MYUR OR RENTAL PATTERNS; LIQUID WANSED LATEX Coupon Expires 3/31 /92 Cavan Expires 3/31 /92 Coupon Expires 3/31 /92 Coupon Expires 3/31 /92 YIIE'LL MEET ANYBOOrS Try to stew as the same site am OnprarMble to Tour" httm at y}ady s 4117 11, boat ad. Your Ire' Coupon Choice W/o OFF Reg. Price Bridgestone Firestone TREAT NAME TIRES WITH COUPON ONLY e Cenpers ,11. Noaint to be used �witth Moller on same product Vservice or to reduce outstandingg debt. EXPIRES 331.92 11 ---------- iffasteirCarem Coupon 1 MasterCaree Coupon 1 MasterCaref Coupon Br�ketS� nce � Maintenance ; �- r service' Tune -Up � i! Change, 59��XIe. � Filter Most cars. i3448C ylinder DISC OR DRUM: 1 6 CYLINDER 8 CYLINDER 1 ■ Inspect brake hoses, 1 $� f�8a $5488� Install master cylinder 1 i 02 Resurremium face e drums/rotors eS G Install 1 W Inspect fillers, belts, aSCH spark cuugm,I Most Cars. a Road test vehicle 1 duct $ emission hoses, 1 8 Refill Up to 5 quarts Kendaill SEMIMETALLICPAD,e GREASE SEALS, REPACK � MDSTELPCV valve, more SVERSE 1 WHEEL BEARINGS EXTRA IFREQUiREQ Superb 1001OW30 oil Redeem at participating Firestone Tire G 1 Redeem a pahCic�patnfl FtreC tone The 31 Redeem at participating Firestone The 8� Service Camara only. Not to be used with I Service Cantors only Not to be used with San "ic. Centers only. Not to Ise used with used reduce debt. iceorlanotheroiferonsameproductsl3erviceorlanotherotteronSam;prodobeuucts/servicagr, used a reduce outstanding debt. EXPIRES 3.31.92 1 used to reduce outstanding debt. 1 used io reduce outstanding debt. .«�-------`�1w._�ErXiPI`S331.42 1 EXPIRES3.31.12 Y w��rl ­7 --� FIRESTONE TIRE & SERVICE CENTERS 0n nAY Flagier -- �1�, s ssenwa SAME -4:1or Gutierrez 1200 W. Flaglar St... Rodrtguez MlamaLakes... AS �iAs� , Bob Frlitt Hialeah— .... Tony Dominguez Dadeland 6655840 tNW.1w 1661A St.. 1595 W 49th St.. .....,Tony Fuentes Miami Dixie .... Leo Reclo Westchester....ReyMartinez ,.. 8701 S.W.72nd Ava. 9709 9799 S. Dixie Hwy Dixie ,..__ Kendall Lakes ..Joe Vega Kendall Weal ... Victor Pauilno Homestead .... Lipkowski .. 2250 S.W.Ave . S.W. 1371h Ave 15697 SW, b8lh St. . ,John Culler 110N.E.8th St.. .... 6wa­waq,wro,.ra+��na won., ........ .Stove Mark, Miami Beach ...Ted Hackbanh No. Miami Beach Doug Wallace 20701 S Federal Hwy 1569 Alton Rd....... w weary arwJ�a+avmaeor asruesacraxu>rwrot ..P 'Boca Raton ..Rai hComF ton Associate Deal' 18251 Mlaml or.. .... '23,245S$.FL7....... .5458811'Ptaniatlon..... .ArthurCahn a7W,Sunrise...... 891.1200 Pompano ......Rick SWIor 822.5'01 '777 Fashion Square Hollywood ... „Rolando Ruffin 556-0444 COmmefclal....RickCrenlield 5a44 Hollywood S14 , .887.1888 Sthind. Ft. Laud.8111 Esch 581 8544 Lauderhill 7300commercial Bivd. S. tRd. ... , ..Tony Palemo 22878T6 Hollywoo.nod ... ,. Paul Hanz 1801 tate903 7...... 106N.Dixie Hwy. .387.1378 Boca Rattonc....Tony Ru int Andrews 247.25" Deerwood 1 N. Federal ...,. 1259 N. Federal Hwy ...... Harry Fritz 233T8<1 Davie . , ........ Don Chartist 538.2747 COtat Springs.. .; 15135S.W.122ndAve, .; 2901 S. University Dr.. .Dannls Gilt 949-438e N. Lauderdale ..Jay Gootee 487.5303 Pembroke Pines.Jett Toilet 2020 N. University Dr.. i 1387 S. State Rd. 7....£ 11288 Pines Blvd.... • .A If w Submitted into the public record in connection with item Z • i on ,5-l ?b x Matty Hirai City Clerk a 6) - : %78 40 0 Submitted into the public record in connection with item on Sr J'A ?-/q --�- Matty Hirai City Clerk 92- 357 92- 358 ;j vv,)zws- 4WD P,vi, CtAvme-q 2.qr 17ov by r fjo Submitted into the public record in connection with item on OA 9 2- 357 Matty Hirai 9 2- 358 City Clerk Czbmitted into the public record in connect*og with =_ item on .•Zr J�cr��:JE,�r.1 F.cv Matty Hirai City Clerk LEASE AnREMPNI, 1-his I,GaFE entered into this day of ` eej, 199Q, between -- JAM iS G. 1tCJF.ERTSON, hercit►aft.er zef©rred to as "Landlord" and THK IP11PUR W1JU1.ESALER# INC., a Florida corporation, hereinafter re- for.red to as "Z'Cnant". WITNES,SET11 1. Landlord does hFroby grant, lease and demise unto Tenant, that certain plot of ground located in tiers City of Miami, County of'Dade, State of Florida, an set forth and described as Parcel l = on the survey which is attachod hereto and made a park: herec:to- gtLhr.r with buildings, drivew.xyu and improvements located on said pr(,)crt.y, all of which shall be referred to hereafter of the dc�nii.sod Prcn,i s�.s — 2. The term of this Lease shall commence the first day of =- Jui►(,. e:nd continue for one t1) year thereafter. s. The total rental for tho one (l) year tern shall be the - *un, of $28, 800.OQ payable as fo] llvws: A. The sum of $2,400.00 on I the commencement of terra as rei►t for the first month. H. The sum of s?..400.00 on the first day 'of each month thereafter an - rental for that month, in advt+nce. The payments,J3et forth above shall be prorated for the actual number of days in tho first month And last month in the event the initial. Lease term does not commence on the first day of the month. All rental payments shall be accompanied by applicable sales tax thereon an required by the State of Florida or any other governmental authority. 4. Landlord shall pay all taxes which are or may hereafter bp. i►opose.d, assesued or levied upon the land or the improvements located thereon during the. initial term or extended terms of this 1.eane by any municipality# Statc,, County or Federal authorities, provided however., that Tenant shall pay any such taxes or aasess- Monts resulting from improvements to the. premises maft by Tenant. . 92-- 358 Submitt into the public -record Wconnection with �+ ! to 1Z 1 on S g !q 'TO 1407321eX,4 ' Matty Hirai City Clerk 15. Tenant mny not aeaign or subloana said premises without the written consent of Landlord, which consent shall not be on- reasonahly withheld. 6. Tenant shall keep the premises in a clean, sanitary and safe condition and shall comply with all local lawn and ordinances. 7. Tenant han inspected the premises and improvements there- on and accepts the same in their present condition. Tenant shall, at its sole cost and exponser keep and maintain the premises and improvements In an good order and repair as now exists (loss rea- sonable wear and tear), except as otherwise provided herein. This shall not impose any obligation upon Tenant to improve or repaiic any condition which now exists. Landlord stall have no raapvns- ibility to repair, maintain or improve the premises whatsoever. S. In the event the premises are destroyed in whole or in part by fire or other casualty so as to be rendered unsuitable for occupancy, Tenant may terminate this Lease. In no event shall there be any responsibility upon either party to rebuild or re- stora the.premises. 9. Tenant shall indemnify and save Landlord harmless from and against any and all liability arising from injury, death or damage during the term of this Lease or any extanition thereof to persons or propextk occasioned by its use of the improvements and premises. 10. Tenant shall maintain insurance against fire and other casualty with comprehensive coverage in an amount no less than $300,000.00 with the standard loss payable alauee. Tenant shall further protect Landlord with public liability and property damage Insurance in such form as may be reasonably satisfactory to the Landlord, with Landlord as a named additional insured under such policy, in an amount no less than $500rn00/O,000,000 and shall furnish Landlord with evidence of such coverage. 11, Tenant covenants that the promises shall be used for parking of vehicles only. 12. Tenant shall pay for all utilities furnished the demised ,A premises. ..2_ 92- 357 92- 358 Sub ' ed into the public recor in connection vvithI f 11-27�i3��1 ` C�1:!`fd1 `-- 91M on TO -1407321E'4 P.03 _- . - lMatty Hirai City Clerk ,13. Landlord shall have'the right to enter upon the premises at all reasonable hours to inspect the same or to shots it to other persons after notice of termination. 14. If during -the term of this Lease or any extended term thereof Landlord enters into a Sale and purchase Agreement with a third party, he shall give thirty (30) days notice thereof to Tenant. Such notice, however, shall. provide Tenant the right.to continue ocoupying the premises upon the terms and conditions set forth herein for a poriod o£ no loss than sixty (60) days from the elate of said notice. 15. Tenant shall pay all commissions and fees due real estate agents, sales persons and brokers, if any, as a result of this transactf nn. 16.E Landlord may maintain any "for sale" and other signs presently looated on the property provided the removal thereof is not required by any governmental body or applicable toning or other rule or regulation. 17. Approximately 3,300 square feet of the premises, depict- ed on the attached survey as Parcel 2 consisting of a portion of the structure thereon whioh is roofed plus the driveway to enter said area is not included in the demised premises. Said area which is -not demised is so marked on the attached survey. 10. The Lessee acknowledges that: A: it has been able to obtain all governmental approvals and permits which are required to utilize tho premises for the parking of vehicles. B. The use of the demised*premises for parking vehicles has met all of the requiremente of toning and any other applicable regulations and laws to permit the Tenant to continue to use the premises it occupies at 2630 B.W. 26th Lane, Miami, Florida, for its present use without any outer additional parking faoility or space. C. The preparation and use of the premises for the parking - of vehicles has been determined to be economically feasible. -3- 92- 357 92- 358 • Submitted into the public si'i _ecord in connection with 11-27-19_11 01: Will FRCS1 TO 14073216964 P.d4 = item PZ r 1 on Matty Hirai 19. The Tenant at its cost may makeip�qr4anges or modifica- tions or additions to the existing structure on t1in demised pre - mines to Ohablo said premises to be used for parking of vehicles, _ but shall not destroy any portion of the now existing structure without the express written approval of the Landlord, nor shall airy modifications or additions affeot or damage the portion of the property shown on the attached survey as Parcel 2 which is not included in the demised property. It is expressly understood that the Tenant's right: to modify the demised promises shall not create any agency relationship between Landlord and tenant that would authorize the creation of nor the filing of any mechanics' lien against the demised property. Ariy licn filed will subject this Lease to immediate cancellation by Landlord and indemnification by Tenant for any damages suffer -- ad by Landlord arising out of the filing of such lien. 20. All payments to Landlord shall be made at Jamestown Center, 2855 Tigertail Avenue, Coconut Grove, Florida# or at such other place as Landlord may from time to time give notice to the - Tenant, 21. Any notice required or permitted to be given under the terms he roof shall be given in writings To Landlord Ats 2855 Tigertail Avenue Coconut Grove, FL 33133 + To Tenant: Att 795 N.W. 72nd Street Miami, Florida for such other address of which either panty may give notice) by certified mail, return receipt requested, or by hand delivery. 221 rn the event the Landlord or Tenant shall breach any of the terms and conditions of this Lease and it becomes necessary for'an action at Jaw to be instituted by either party, the prevail- ing party shall be entitled to a reasonable_attorney's fee and all -` costs inoua`red by the prevailing party, 23. Teriant may terminate Lease upon thirty (30) dayd written noti ce ' to Landlord. 92— 357 11-27-1991 0isi7w PN'YI TO i 407321696A F. a5 IN WITNESS WHEREOP, the parties have exeouted this Agreement the day and year first above Written. JA G. ROURnON, Landlord THE PAPER W11OLESALER, INC.9 Ten t By t. Attests, - Submitted into the. -public record in connection with item Z�on 501,2 T . Matty 1-1 City Cle is 92- 357 = 92- 35,8 "tit: r F4. da VAI?.CF_ L ra-C4 or 418-&WALt. '46 35 5 ta )>z > It 4 toil 'U :U - " t. S ; ( M< -4 j PARCeL Lh (M 00 -&.r o oo'so*r -4 r Ic M X at 4A Submitted into the public record in connection -will- 0 rq item 0, jq 'X . - x Matt-ir laac:* City Clerk :70 M be imposed, assessed or levied upon the land or the improvements located thereon during the initial term or extended terms of this T.Papp hu nmr provided however, that Tenant shall pay any such taxes or assess - meets resulting from improvements to the premises made by Tenant, 35 92--