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HomeMy WebLinkAboutR-92-0198J-92-102(a) 3/12/92 92- J.98 RESOLUTION NO. j A RESOLUTION AFFIRMING THE DECISION OF THE j ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612, TO ALLOW THE CONSTRUCTION OF A SURFACE PARKING LOT -TO SERVE THE EXISTING RESTAURANT (VICTOR'S CAFE) ON THE ABUTTING COMMERCIAL ZONING DISTRICT, SUBJECT TO A SIX (6) MONTH REVIEW BY THE ZONING BOARD FROM DATE OF ISSUANCE OF CERTIFICATE OF COMPLETION OF THE PARKING FACILITY TO CONSIDER THE ISSUE OF SIGNAGE AND FURTHER SUBJECT TO THE CITY COMMISSION APPROVAL OF THIS SPECIAL EXCEPTION AND OF THE PENDING APPLICATION FOR AN SD-12 SPECIAL BUFFER OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT 2340 SOUTHWEST 32ND AVENUE, 3224 AND 3232 SOUTHWEST 23RD STREET, 3217 AND 3219-3221 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED R-2 TWO FAMILY RESIDENTIAL; SAID SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Zoning Board at its meeting of January 13, 1992, Item No. 2, duly adopted Resolution ZB 2-92 by a nine to zero (9-0) vote, granting a special exception subject to City Commission approval, as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City CITY Co=ssjox MEETLNG OF MAR 1 2 1992 Resolution Pdo, 92-- 198 f Commission approval of the special exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of 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, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Miami Zoning Board to grant a special exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 6, Section 612, to allow the construction of a surface parking lot to serve the existing restaurant (Victor's Cafe) on the abutting commercial zoning district, subject to a six (6) month review by the Zoning Board from date of issuance of certificate of completion of the parking facility to consider the issue of signage and further subject to the City Commission approval of this special exception and to City Commission approval of the pending application for an SD-12 special buffer overlay district for the property located at 2340 Southwest 32nd Avenue, 3224 and 3232 Southwest 23rd Street, 3217 and 3219-3221 Southwest 23rd Terrace, Miami-, Florida, also described as Lots 3, 4, 5, 37 and 2 - 92- 198 36, Block 91 MIAMI SUBURBAN ACRES AMENDED, as recorded in Plat Book 4 at Page 73 of the Public Records of Dade County, Florida, Zoned R-2 Two Family Residential, said special exception having a time limitation of twelve months in which a building permit must be obtained, is hereby affirmed and the special exception is hereby granted. Section 3. This Resolution shall become effective upon the effective date of the proposed amendment to Zoning Ordinance No. 11000, as amended, changing the zoning for the subject property from R-2 Two Family Residential to R-2 Two Family Residential with an SD-12 Special Buffer Overlay District. PASSED AND ADOPTED this 12th day V" Mar4'h ,11992. r� XAVIER L S MAYOFL ATT MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: G. MrRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: aa. Kvia'Qa'q a. CITY ATTOv Yv, GMM:ra:M2A62 1 6 !�SIN•FAT�Hc'i LOCATION/LEGAL 2340 Sit 32 Ave, 3224 a 3232 SW 23 St 3217 & 3219-21 SW 23 Terrace Lots 3, 4, 5, 37 6 38 Block 9 MIAMI SUBURBAN ACRES AMO (4-73) APPLICANt;OWNER Sonia Zaidivar 2340 SW 32 Avenue Miami, Florida 33173 Phone 445-1313 ZONING R-2 two Family Residential REQUEST Special Exception As listed in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 612 to allow the construction of a surface parking lot to serve the existing restaurant (Victor's Cafe) on the abutting comercial zoning district, to city Comtission AngravA„ of the application for an SO-12 Special Buffer Overlay District and of their Special Exception application; Zoned R-2 Two Family Residential. RECOMMENDATION LANDSCAPE PLAN. The subject request meets the intent of the Zoning Ordinance. The proposed parking facility is for private passenger vehicles for patrons of the adjoining restaurant use; it has adequate ingress and egress to S.W. 32 Avenue; adequate landscaping and buffer is proposed which mitigates the impact on the surrounding residential area. HISTORY ZONING BOARD Grants Special Exception for parkingq on lots 4 and 38, on July 12, 1989 CITY C"ISSION On appeal, upholds Zoning Board and denies appeal, on September 28, 1990. CITY CObMISSION Resolution 90-135, February 7, 1990, clarifies intent of City Commission that any addition to existing structure that requires additional parking would be subject to review and approval of a parking plan. PUBLIC WORKS No comwnts DADS COUNTY TRAFFIC. AND TWSPOIRTATION So co=ants 9 2 — 1,98 54, 5y1 } PUBLIC WORKS No comments - DADE COUNTY TRAFFIC AND TRANSPORTATION No comments - ZONING BOARD At its seeting of January 13. 1992. the Zoning Board adopted Resolution ZB 2-92. _ recoeseading approval of the above by a vote of 9-0. one OppONENT and five PROPONENTS were present at the meeting. TVO replies AUINST and three in PAyoR were received by n&U. � • .. if`1N 0 1 1!1 � �,R z1 •I _ �Ob� s 4; t ! • OA E .0 , su •N4f1 4fi ITRACT C MADIUM SOAM : iTRACT A TRAC 9IRACLE MN ER �` * RI-P`bT APU N Sair. 22 ST. 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S.W. 3 M 1• 1 1 . 1, _ M �aaaaaaa�c�o�cca���eso�� ad�a��aa saa��E�o�»ad�� go 1 T N u w to la Ir = I• N • 46 144 14A 1 ♦o 1•r0 TI tt T3 74 T! .t. 1". 1. l.d. - I a ? 4 i 4 13 s0 1• N•13 I! it q • • T • • 4 3 � 4 M to IT to m • !2 13 t+ :3 t• tip IV st 3 two t �t 1 .n 3 �♦ a 4 S.W. 25• ST. 44 • 4 • 0 T /• • 10 11 It 13 14 I. 19 IT 3` T yDo• as 9 O T 643334sosoas as?as1514 �.� TN II 3 31 Its : • S.W. 25 TE • d M 13 Is 11 10 06 r 1 4 M �0 IT t0 If t0 1 ♦ to t• s T i•�rs 1• • 1� 1• I 4) APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION File Number DSE43- 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 it 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 particuiar, to protect adjoining properties and the neighborhood from avoidable potentially adverse er f ects. 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 Class -D Special, Permits and Special Exceptions. (See Articleog" Formal public notice and hearing is not mandatory for Class D Special Permits, but is mandatory for Special Exceptions. Lt other respects, these classes of special permits are the same. The Zoning Board shall be solely responsible for determinations on applications for Class D Special Permits and Special Exceptions. Ali applications in these classes of special permits shall be referred to the director of the Department of Planning for his -+recommendations and the director shall make any further referrals required by these regulations. I, SONIA ZALDIYU hereby apply to then City of Miami Zoningdom for approval of, check ones Class D Special Permit Special Exception 2340 SW 32 AVE for property located at 3224--232 SW 23 ST Miami. Nature of Proposed Use (Be specific) SEE ATTACHED Form i 0-83 9 2 w j. j 8 i attach The following in :wooer or micratfon of this ar i=rfcm x I. Two vxvwM of the m WN 4Y in eM e'n by a State of Florida Registers d Lin �� Surveyor. Z Four copies oft site pion snowing (as resuuia) oraoerr► bosss=ies. existing ana proposes strucmms), parxing, taming, scram" g, am building elevations (if raquw*W with dineana carnpsttatfestit of lot area igrms am no?), LUi r== (open space. floor anal. Parxing, etc.2 building spccing ono hesgitt° erne=*. Sse Saar ton 930CL I.Cc1. 3. Affidavit wing ownersivo of property =vem by appfisostion and dluiasssse of intoeast farm !Form 4-83 and ass=t to a• Cartitied list of owners of resttam!e within 377 roaious from the outside bommmriss of propsrty covered by this appll¢ajw% (Sae Form 6-43 and atsard to x L Ailawrwaphatc9cp that show the entire p oW ay (land and imprcv+eme s). 6. Ottxr 008907) 7. Fes of $. 14n n . bond an fella wings (a) am O $450.00 Spedoi Ememion $650.00 (e). Suncim ge eami to appdcdde felt from (a) or W dzm not to mmed $650; to bs eeftx if shays if no =MW (CMY C 42�d a! ata Agent t� Nam gONTA 7.AT-nTtfno Address 2340 �W 17 AVF CZIYp Stets, rep MIAMI . FL. 3 -114S Plom (305) 445-1313 STATE OF FLORMA) SS: COUNTY OF DADE ) SONIA ZALDIVAR bekq duly sworn, e xuu ono says trots@ is the tuwnert I C ==9amp of the real property described abom tnamhe has reed the foregoing answers and that btu usne ore true and carnpietsst and (if acting as ageetr for owner) that-che has authority to exesufe this application form On behalf of the owner. 92-- 198 SWORN I0 AND St.+' 'CRIBS? bed re me this cQ day of Vae�.�uba.�✓ MY COMMISSION E)TIREs NOTARY PUBLIC. STATE OF FLORIDA. ;NY CwtiolISSiGN EXPIRES: MAR, 29, 199& 80N090 TNRU NOTARY •URU6 NNO[RWRITiR& Ar olcC, *or 0r1CB Qt Large' 92- 198 Form 1043 ' t i Before not the undersigned authority, this day personally appeared SONIA ZALDIVAR , who being by me first duly sworn, upon oath, deposes and saysi 1. That she is the owner, or the legal representative of the owner, submittinq the accompanying application for a public hoaring as required by Ordinance 11000 of the Code of the City of miaai, Florida, effecting the real. property located in the City of XL&ai, as described and listed • on the pages attached to this affidavit and made a part thereof. 1. That all owners which she represents, if any, have her given their full and complete permission for MA to act in their behalf for the chan" or codification of a classification or regulation of zoning u not out in the accompanying petition. 3. That the pages attached hereto and cads a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property which Sho is the owmar 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. • ( soi� zALn to� Sworn to and Subscribed before me thi day of ,19`a. L N t rZ - 7L�, t'•- PublAc, ttate of Florida at Large My CoMission Upires: YY5wNsMMISSION ��AnIR[Sr OR KOM& NtwRu worYAR. 2!. !ya w•ue uwo.wr 92- 198 ti r DWNER'S LIST S i Owner's dame nailing Aaarest-44o sw 32 AVE; MIAMI, FL 33145 Telephone Number (305) 445-1313 Legal Description: Lot 3; Blk 9; AMD PLAT OF MIAMI SUBURBAN ACRES= 4/73 Lots 4,5, 37 & 38; Blk 9; AMD PLAT OF MIAMI SUBURBAN ACRES; 4/73 2340 SW 32 Ave; Miami, F'1 33145 3224.& 3232 SW 23 St & 3217 & 3219-21 SW 23 Terr; Miami, F1 33145 Owner's Naar Mailing Address Telephone Number Legal Description: OWW's Name Mailing Address Telephone Nu■W Legal Description: Any other real estate property owed individually, jointly, or severally (by corporation, partnership or privately) within 3751 of the sub3at site is listed as follow: Street Address Legal Desch ption Lots 1,2, 39 & 40 I)ldn cw Z7 Avo Blk 9; M4nmi. F1 11145 AMD PLAT OF MIAMI SUBURBAN Street Address L"at Description Street Address Legal Description 92- 198 0 0=4= 0! SIP w \ r 1. Legal description and street address of suoject real yr.Werty: Lot 3; Blk 9; AMD PLAT OF MIAMI SUBURBAN ACRES; 4/73 Lots 4,5, 37 & 38; Blk 9; A.MD PLAT OF MIAMI SUBURBAN ACRES; 4/73 2340 SW 32 avenue; Miami, F1 33145 3224 & 3232 SW 23 St & 3217 & 32-19-21 SW 23 Terr.; ,Miami, F1 33145 2••-Owar(s) of subject real property and percentage of ownership. Notes City of Miami CrdinnIce No. 9419 requires disclosure of all parties Fa 'nq a financial interest, either direct or indirect, in this subject hatter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of aoc'pot'atians, beneficiaries of trusts, and/or any other interested pasties, together with their addcesses and ptvportJame interest. SONIA ZALDIVAR 100% 2340 SW 32 AVE MIAMI, FL 33145 3. Legal.dewription and street address of any real property (a) owned by any party listed in wwwr to q¢astim 02, ad (b) looted within .375 feet of the subject teal ptapesty. Lots 1,2, 39 & 40; Blk 9; AMD PLAT OF MIAMI SUBURBAN ACRES; 4/73 2340 SW 32 Ave.; Miami, F1 33145 -A -Will FOR sm Cr Fun= •) sit CMW Q am ) SONIA ZALDIVAR b0IM duly Memo dMoons ad WA MsHe is the l veer of the real property described in aaseet to question 1l• aloes' tha ,-ft bar read the falWAM answers wrd that the saws are tree and coggetel sad (it &czin as attorney tot asset) thUshs has autbosity to execute this OLWA M at Owwr2hip Dots GM bdM19 oe the a w. Wn TO AND smoonm baton this G dry of lI41 ONOTARY PUBLIC. STATr OP >'LORIOX MY COMMISSION UPIRES; MAR. 29. ISM "N"D TNRY NOTART 11,U0 YMOfR1rR,Tf� Isar CM9RiS = i SONIA71 E�r 9 2 -- 1.98 �j THIS APPLICATION IS FOR A SPECIAL EXCEPTION, PURSUANT TO THE REQUIREMENTS OF ORD. 11000; ART 6, SEC 612, SD-12 SPECIAL BUFFER OVERLAY DISTRICTS, TO PERMIT DEVELOPMENT OF THE SUBJECT LOTS AS SURFACE PARKING FOR USE BY THE RESTAURANT, VICTOR'S CAFE. LOCATED AT 2340 SW 32 AVE; MIAMI, FL THE PURPOSE OF THE REQUEST IS TO ENABLE THE APPLICANT TO UTILIZE A SECOND FLOOR AREA OF 5260 SO. FT. AS ADDITIONAL RESTAURANT SPACE, PURSUANT TO THE INTENT OF RES. 89-865, ASSET OUT IN RES. 90.135, THE RESTAURANT FLOOR AREA COULD BE INCREASED BY 3100 SO.FT. WITHOUT BENEFIT OF PUBLIC HEARING. THE SECOND FLOOR ADOI- TION, WHICH WAS PERMITTED IN 1990 BUT NOT FINALED, CONTAINS AN AREA OF 5260 SQ. FT., 2160 SO. FT. OF WHICH CANNOT BE USED WITHOUT PROVIDING AN ADDITIONAL 22 PARKING SPACES, THE SECOND FLOOR INTERIOR SPACE REMAINS UNFINISHED TO DATE. AS STATED IN THE ACCOMPANYING REQUEST FOR APPLICATION OF SO-12 SPECIAL BUFFER OVERLAY TO LOTS 4,5, 38 & 39; BLK 9; AMD. PLAT OF MIAMI SUBURBAN ACRES, THE MIAMI CITY COMMISSION, IN ITS FEBRUARY 7, 1990 MEETING, CLARIFIED THE INTENT OF ITS SEPT. 28 1989 AFFIRMATION OF ZONING BOARD APPROVAL OF SPECIAL EXCEPTION PARKING ON LOTS 4 & 38 AS BEING THAT'ANY ADDITION TO THE EXISTING STRUCTURE WHICH WOULD REQUIRE PARKING SPACES IN EXCESS OF THOSE APPROVED PURSUANT TO THE SPECIAL EXCEPTION GRANTED 8Y RES. 89-885 WOULD BE SUBJECT TO REVIEW OF A PARKING PLAN AND APPROVAL BY THE CITY COMMISSION.' IN ADDITION TO THE COMMISSION'S REQUIREMENT, THE ZONING ORDINANCE OF THE CITY OF MIAMI REQUIRES SPECIAL EXCEPTION APPROVAL FOR PARKING LOTS ON THOSE LOTS TO WHICH AN SD-12 OVERLAY HAS BEEN APPLIED. ALTHOUGH LOTS 4 & 38 RECEIVED SPECIAL EXCEPTION APPROVAL IN FEBRUARY OF 1990, THE STANDARDS FOR SD-12 APPLICATION ARE SUCH THAT THOSE PREVIOUSLY APPROVED LOTS WERE REQUIRED TO BE INCLUDED IN TH1S'APPUCATION (TO MEET THE MINIMUM LOT WIDTH OF 100- FOR SD-12). A TOTAL OF 112 PARKING SPACES IS REQUIRED FOR THE ENTIRE RESTAURANT (BOTH FLOORS). A TOTAL OF 122 SPACES IS PROPOSED ON THE ENTIRE SITE (LOTS 1.5, 37.40). WITHOUT THE GRANTING OF THE SD-12 AND THE SPECIAL EXCEPTION, THE TOTAL NUMBER OF SPACES ON LOTS 1-4, 3840 IS 91. FOR MORE COMPLETE EXPLANATION OF THE PROPOSAL PLEASE REFER TO THE ATTACHED STATEMENTS PREPARED AS PART OF THE SD-12 OVERLAY APPLICATION WHICH THIS APPUCATION FOR SPECIAL EXCEPTION ACCOMPANIES. 92- ].98 I THIS APPLICATION IS FOR A SPECIAL EXCEPTION. PURSUANT TO THE REQUIREMENTS OF ORD. 11000; ART 6. SEC 612, SD-12 SPECIAL BUFFER OVERLAY DISTRICTS, TO PERMIT DEVELOPMENT OF THE SUBJECT LOTS AS SURFACE PARKING LOTS FOR USE BY THE RESTAURANT. VICTOR'S CAFE, LOCATED AT 2340 SW 32 AVE: MIAMI, FL SUBURBAN ACRES, THE PURPOSE OF THE REQUEST IS TO ENABLE THE APPLICANT TO UTILIZE AN EXISTING SECOND FLOOR AREA OF 5260 SO. FT.AS ADDITIONAL RESTAURANT SPACE. PURSUANT TO THE INTENT OF RES. 89.865, AS SET OUT IN RES. 90-135, THE RESTAURANT FLOOR AREA COULD BE INCREASED BY 3100 SQ. FT. WITHOUT BENEFIT OF PUBLIC HEARING. THE SECOND FLOOR ADDITION, WHICH WAS PERMITTED IN 1990 BUT NOT FINALED, CONTAINS AN AREA OF 5260 SO. FT. OF WHICH 2160 SO. FT, CANNOT BE USED AS RESTAURANT SPACE WITHOUT PROVIDING AN ADDITIONAL 22 PARKING SPACES. THE SECOND FLOOR INTERIOR SPACE REMAINS UNFINISHED TO DATE. AS STATED IN THE ACCOMPANYING REQUEST FOR SD-12 SPECIAL BUFFER OVERLAY APPLICATION TO LOTS 3, 4, 5, 38 & 39; BLK 9; AMD. PLAT OF MIAMI SUBURBAN ACRES, THE MIAMI CITY COMMISSION, IN ITS FEBRUARY 7, 1990 MEETING CLARIFIED THE INTENT OF ITS SEPT. 28, 1989 AFFIRMATION OF ZONING BOARD APPROVAL OF SPECIAL EXCEPTION PARKING ON LOTS 4 & 38, AS BEING THAT'ANY ADDITION TO THE EXISTING STRUCTURE WHICH WOULD REQUIRE PARKING SPACES IN EXCESS OF THOSE APPROVED PURSUANT TO THE SPECIAL EXCEPTION GRANTED BY RES. W965 WOULD BE SUBJECT TO REVIEW OF A PARKING PLAN AND APPROVAL BY THE CITY COMMISSION.' IN ADDITION TO THE COMMISSION'S REQUIREMENT, THE ZONING ORDINANCE OF THE CITY OF MIAMI REQUIRES SPECIAL EXCEPTION APPROVAL FOR PARKING LOTS ON THOSE LOTS TO WHICH AN SD-12 OVERLAY HAS BEEN APPLIED. ALTHOUGH LOT 3 HAS BEEN USED AS PARKING FOR THE RESTAURANT USE SINCE THE 60'S AND FOR COMMERCIAL USE ON LOTS 1,2,39 & 40 SINCE THE LATE 30'S, AND ALTHOUGH LOTS 4 & 38 RECEIVED SPECIAL EXCEPTION APPROVAL IN FEBRUARY OF 1990, THE STANDARDS FOR SD-12 APPLICATION ARE SUCH THAT THOSE PREVIOUSLY APPROVED LOTS WERE REQUIRED TO BE INCLUDED IN THIS APPLICATION. A TOTAL OF 112 PARKING SPACES IS REQUIRED FOR THE ENTIRE RESTAURANT(BOTH FLOORS). A TOTAL OF 112 SPACES IS PROPOSED ON THE ENTIRE SITE (LOTS 1.5, 37-4D). WITHOUT THE GRANTING OF THE SD-12 AND THE SPECIAL EXCEPTION, THE TOTAL NUMBER OF SPACES ON LOTS 1-4, 38-40 IS 91. FOR MORE COMPLETE EXPLANATION OF THE PROPOSAL PLEASE REFER TO THE STATEMENTS WHICH WERE PREPARED AS PART OF THE SD•12 OVERLAY APPLICATION AND WHICH ARE ATTACHED TO THIS APPLICATION FOR SPECIAL EXCEPTION WHICH ACCOMPANIES THE SD-12 APPLICATION. /01 92- 1.98 a .J-10-104 1! I t/90 f(baI.jLU'C tl1N NO. 00-0135 A RESOLUTiUN C1,AkIFYING RESOLUTION NO. 89- 865, AnOPTF.D BY 'tHF. CITY COMHtSSEON ON SEPTEMBER 24, 1989 ENTITLED -A RESOLUTION AFFIRMING THE DECISION OF THE 'ZONING BOARD AND GRAVTING A SPFCTAL EXCEPTION FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORnINANCE OF THE CITY ue MIAMI, FU0310A, ARTEC1.E 20, 56CTION 2018, SUBSECTION 2018.2.1, ROR THE CONSTRUCTION OF A SURFACE PARKING LOT FOR THE PARKING OF PRIVATE PASSENGER VEHICLES ONLY, AS EXCESS (NO'r REQUTR90) PARKINr., AS PER PLANS ON FILE, FOR THE PROPOSED RF,STAURANT LOCATED AT 2340 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA, FOR THE PROPERTY LOCATED AT 3224 SOUTHWEST 23 STREET, MIAMI, FLORIDA, AND APPROXIMATELY 3221 SOUTHWEST 23 TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)i ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY), AND SUBJECT TO REVIEW BY THE CITY COMMISSION OF ANY FUTURE MODIFICATION OF PLA!4S THAT WOULD T14CREASR THE SIZE OF THE BUILDING LOCATED AT 2340 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA, TO MORE THAN 11,000 SQUARE FEET, OR or ANY FUTO RE CHANGE THAT WOULD IMPACT THE NUMBER OF PARKING SPACES OR THE PARKING LOTS LOCATED AT 3224 SOUTHWEST 23 STREET AND APPROXIMATELY 3221 SOUTHWEST 23 TERRACE, MIAMI, FLORIDA. THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED•, BY DECLARING THAT ANY ADDITION TO THE EXISTING STRUCTURE WHICH WOULD REQUIRE PARKING SPACES IN EXCESS OF THOSE APPROVED PURSUANT TO THIS SPECIAL EXCEPTION SHALL BE SUBJECT TO REVIEW Or A PARKING PLAN AND APPROVAL BY THE CITY COMMISSION. WHEREAS, on Sepr.emher 28, 1989, the City Cummission adopted Resolution No. 89-865 affirming the decision of the Zoning Board and granting a special exception from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 20, SecSion 2018, Subsection 2018.2.1, to allow the construction of a surface packing lot for the parking of private pa+senger vehteles only as excess (not required) packing on the site, as par* plans on file, foc the proposed restaurant at 2140 Southwest 32 Avenue, Miami, Florida, for the property located at 3224 Southwest 23 Street, Miami, Florida and approximately 3221 Southwest 23 Terrace, Miami, Florida, also CITY CCiMMIsSION MEETIN43 OF wu,ncwE� 0- 135 y2-- 198 , ''. r _' t tl E r. t l: I l describers as I,nts 4 and 38, N(nck it MiAMi SU9URBA4 ACRES, AMD. (4-73f the Pubitc Rocorda of Dade County, Florida; toned RG 1/3 (�enoraI Residential (one and Two FamLlyi, subject to cattain %:onttitionss anA WHEREAS, the City Commission wishes to clarify its intent by dcclarinq that any addition to the existing structure which would require prsrkinj spaces In excess of those approved pursuant to this special exception small be subject to review of a.parking plan and approval by the City Commission; NOW, THERRFORE, 99 IT RESOLVED BY THC COMMISSION OF THE CITY OP MIAMI, PLORInA: Section 1. Resolution No. 89-865 adopted September 26, 1989 entitled "a Resolution affirming the decision of ttie Zoning Board and granting a special exception from Ordinance No. 9S00, as amended, the Zoning Ordinance Of the City of Miami, Florida, Article 20, Section 2018, Subsection 2018.2.1, fuc the construction of a surface parking lot for the parking of private passenger vehicles only, as excess (not required) parking, as per plans on ftle, for the proposed restaurant located at 2340 Southwest 32 Avenue, Miami, Florida, for the property located at 3224 Southwest 23 Street, Miami, Florida and approximately 3221 Southwest 21 Terrace, Miami, Florida, (more particularly described herein)i zoned JtG-1/3 General Residential (one and two family), and subject to review by the City Commission of any - future modification of plans that would increase the size of the building located at 2340 Southwest 32 Avenue, Miami, Florida, to more than 11,000 'square feet, or of any future change that would impact the number of parking spaces or the parking lots located at 3224 Southwest 23 Street and approximately 3221 Southwest 23 -Terrace, Miami, Florida. This special exception has a .time e limitation of twelve months in which a building permit must be obtained", is hereby declared to have been adopted with the intent of the City Commission. being that any addition to the existing structure which would require parking spaces in excess 1 9Q-01 35 - 2 - •92- 1.98 a lIF 1. 1 1 : 1 I F 1 1 )r tim-ow ,,ppn,vrll purov,nt W Ui-f bl,al!Ldl vRs.:cptivn grant-d try aaId ReR01-1tion Nn. 89-965 would be Subject to review of a pAvkin•j plan end approval by Ph" City Commission. PASSED AND A00PT6D this 7th _ day of rebruary_1 1990. AT .S XAVIBti L4AZ R Y M Y HIRAI CITY CLERK PREPARED AND APPROVED AYt AMARILIA214 MAER CHIer ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS1 JI) RNANDEi l Y AT'rJ BY UMM/rasa/M1755 CIO-013; - 1 - 9-9- 1*99