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HomeMy WebLinkAboutR-92-0357J-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 ZONING FACT SHEET PZNI LOCATION/LEGAL 2638 SW 28 Lane Lots 19 and 20, Block 52, SILVER BLUFF ESTATES SEC C (10-65) APPLICANT/OWNER Janyce Robins, Pres. & 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: 88-110 last Hearing Date: 07/27/88 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: Hearing 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 Items 1 Page 1 05/19/92 W #I ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMBER 92- 28 Yes No N/A X 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. X The special conditions and circumstances are an indirect result from the actions of the petitioner. X Literal interpretation of the provisions of Zoning Ordinance 11000 deprives the apple: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. X 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. X The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. X 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 Page 2 Itew 1 05/19/92 9 � - i R 9 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 aboves for a period of six months. Eleven replies AGAINST were received by mail. t'_ 92- 357 92- 358 11-8 (S P JACK R. RAcIE, JR. ATTORNEY AT LAW AREA CODE 305 643-0240 642-0380 LOCATION: April 30, 1992 2424 N. W. FIRST STRECT MAILING AOORESS: p.O. eox xaya" 351027 Mti, FLORMA 0 3185-10 27 fTti 2 JND=-D;&IVERED rii. --X, 1992 -,s r -- Attention: Teresita Fernandez _ Re: Appeal of Variance from Ordinance 11000 rn Applicant: The Paper Wholesaler Dear ,Members of the Board: �•_� ..` Please be advised that I represent James G. Robertson wF s+ owns the property at 2600 S.W. 28 Lane, Miami, Flotfda,=; located within 375 feet of the site for which the above variance was granted. As his attorney he is taking an appeal to the decision o� 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. Pl&hftfng and Zoning Department 275 N.W. 2nd Street- Room #226 Miami, Florida 33128 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 N Planning and Zoning Department 19 -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, Jack R.Rice, Jr. Attorney for James G. Robertson, M.D. Approved: 6L 'A.- -Z� 4-L/t 14es G. obertson, M.D. ner 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. s - 92- 35' _ C)�92 358 Cyit� .� .., .. XXXXYY .. r. ea.l� .sner's� a_ns.►n , .5 , AA, F m XD I ftiok I li* 50P yam L M% Nixie D '11 10 SUNNI KOM wo am WON mm A lip I IL I '9CCE, -P Iq MIM a�� LA LA CWAO t ��r cr, " w Win W a,� �, e, EMUI fit 11- P. q 81 ' � dD�IDIQI�I� 1E HIP %ov CA JL RA 316 M W �6r 4w. -pippin, m i4 WON OR' ME NOW F rilm, MUM-' lR�7'r•�nrr s-��i`�� '01� �\ IWO, P < ,�,��' ���i\� tab r y 9Q,.- :.L •Y i v � .d �:' 5 \ � d`!>"iC'1MY��R+'�/�+'�>` w+ +fo,>e�r �•:..^ c �� . fx�x ��a,� / � a >' �.qGr`� > xF >-'.,rar - .!ft �♦3.�.'' :i` 6, >C• `i MN k is Iv it NL MA OAI— > e e#� ¢ y <�v e r> w s, >>; ..,b<� L♦r �z`9t�! *� �sf L Y :. •i l< Qrxf y >< rt vu• ) e a'lop tsfa »i,>Y» f� 7a •.>.Il v ` e' o �� Rr r.� - r,. 'is4js • •Y?w� r � ,s t {,�t• r i t.,s ` ..•"_>�¢j�ae o� •>• .Yy iR.: ,' .r•'r^+'r '��N�" i•?> s , J Y'y tj N �A1> air idol £ , a P s s .'�. - � ^fit' � �� •- � .. 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's < t �'.fl. _. y } \�M 1 � S .� \ • � � t` • •yam . yrw•�' .rr'*, r .,'r f ♦ ,Y': , OM y r 1�.y{311 aiej 'i .:...;2 A r r+lt t ti, f a s ♦h 'ems �'t R_ sia♦ 4.1 PETITION FOR VARIANCE 4�� File Number A variance is relauation of the terms of the Ardinance when awh action wilt not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, literal eforcement of this ordinance would result in unneceascry. and undue hardship an the property. As used (n this ordinance, a variance is authorised. only for height, area, size dimensions of yards mid other open spaces and of fstmet t�RB or loading requirements. (Section 3101) i, OBINS hereby petition the City of Miami Zoning Eoara or a variance from- the terms o t "Zoning Ordinance of the City of Miami, affecting property located at 2038 SW 28 LANE Miami, as specif led below. In support of this application, the following material is submitted with this applicatiam X I. Two copies of a survey of the property prepared by a State of Florida Registered Land urveyw. 2. Four copies oh the site plan showing (as required) property boundaries, axWing Of any) and proposed structvre(,$), parking, laid eta building elevatkm and dimensions and computations of lot area (grins cnd net), building spacing, LU ratios, and height envelope. . X 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4083, attach to application). .. X 4. Certified list of owners of real estate within 375' radius from the ovtsid6 boundaries of property covered by this application. (Form 6.83 and attach to application.) _.,x S. At least two photographs that snow, the entire property (land an.l improvements). s S. Other (so fy) NONE _ 7. Fee of to apply toward the cost of processing, based of the following3 (a) RS, RC-1 (residential uses) $200.00 W For penetration of Plane Ili by antennas and the like $ 500.0 0 (c) All other applications for each request variance $0.0 7 per sq.f t. of floor area of building(s) from the ordinance minimum - $550.00 (d) Surcharge equal to applicable fee from (a)-W above, not to exceed $550.00- to bp refunded if there is no appeal. (City Code - Section 62-61) 92- 35'7 92-- _358 9. The 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, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinances Note: This appUcation cannot be accepted for Zoning Board action u rdess aU of the joUowing six items are completed. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not appiiocble to other lands, structures, or buildings In the sarne toning district in that: mist evidence to be produced and use additional sheets, if neeessaryJ See Attached (b) The special conditions and circumstances do not result from the actions of the petitioner in that: See Attached 1� (c) Litercl interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the terms of the zoning ordinance and would work unnecessorf and undue hardships on the petitioner in that: See Attached (d) 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 lord, building, or structure in that: a_ See Attached - 92- 35'7 IC 92- 358_ - y • Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the .some zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: See Attached (d) 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 thartY See Attached (e) The variance, if gronted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in than See Attached 92- 357 92- 358 8. The Variance requested is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follows: 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 NOW This application carrot be accepted for Zoning Board action unless all of the following dz items are completed, (a) Special conditions and circumstances exist which ore peculiar to the land, structure, or building involved =-A which are not applicable to other lands, ttructurest or buildings in the same toning distriet in that: (11st evidatce to be produced and use addittonct sheets, if necessary] See Attached (b) The special conditions and circumstances do not result from the actions of the petitioner in that: See Attached (fi The grant of the variance will be in harmony with the gentral intent and purpose - of the Zoning Ordinance, wW will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. See Attached Note: All darxanenss, reports, suages: esMbits or other written or graphic matwid to be submitted to the Zoning Board shad be mbmfttsd with this app4ftion. ., Name Pres. Warehouse 1, Inc. Address 28 al Palm coconut Grove, F1 33135- STATEOFFLORMA) SS: 795 NW 72 Street COUNTY of DADE ) Miami, Florida 33150 be%q duly :warn, depooe C-A says is the vthorized Agent o of the real property described In answer to quextfon i I, above; thabtie hoe read the foregoing answers and that the some as true and complete; and (if actfraq as agent for owner) thartshe has authority to exmse this petition an behalf of the owner. r v (SEAL) . srne Jaryce Robins 9 Pres. SWORN TO AND CRISED ehouse #1, Inc. before th day o Eary ublic„ 60toi Florica at Lbtge MY COMMISSION EXPIRES: NOTARY PUX IC STArt OF FLORIDA MY CnMISSIVI EXP. APR. 5,1995 80,:D_0 THFU Ga4RA! IRS. UND. 92-- 357 92- 358 Fmom 1-83 04 C 8. Variance for off-street parking Art. 9, Sec. 917. and Art. 4 " �Vwk 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 property, as well as others on the same block, became deprived of, available parking other than metered, on street parking. (b) Loss of parking was due to public action rather than a voluntary relinquishing of same by petitioner (c) Other property owners in the area are using their properties in the same mariner in which the subject property is being used. Most of the businesses face the same dilemma - need for parking without opportunity to provide for same, on site. ® (d) In the event of City enforced parking requirements in the area the other property owners who have the same type of use will find it necessary to seek the same relief (e) The area was originally developed in uses which related to the transportation opportunity afforded them by the services of the FEC Railroad - manufacturing, industrial, 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 subject 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. . .s to stabilize and enhance property and civic values= to aid in development and redevelopment of the city; to.-. protect and safeguard the economic and social structure upon which the good of 92- 357 lob 92- 358 LI 0 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. 92- 357 92- 358 13 su a'r or rwaxw }Ss coven or out ) sefors se, the undersigned authority, this day personally appeared _,,,,_.JANY�CE ROBINS ._._._,# who being by so first duir sworn, upon oath, deposes and says 1. Thatshe is the owner, or the legal representative of the owner, eubaittinq the accompanying application for a public hearing as roquired by ordinance 11000 of tm code of the city of Mimi, rlorida, effectinq the real. property located in the City of Waai, as described and listed -on the pages attached to this _ affidavit and made a pert thereot. Z. That all owners wMah she Sepredents, it any, have given their fall mend camplete peraission for V& to act in their behalf for the change or modification of a classification or regulation of soning as met out in the accompanying petition. 3. That the pales attached hereto and made a part of this affidavit contain the current naaae, sailing addresses, phone numbers and legal descriptions for the real property which she is the owner or low representative. 4. The facts as represented An- the application and documents submitted in conjinction with this affidavit are true and correct. rurtMx Affiant sayeth not. ANYCE ROBINS, PRES. WA EHOUSE #1, INC. g. sworn to a..nd Subscribed before w _ this :___dar of 9 2 - 357 ' - 92 358 44 Ak 1� Notary Publ , S to of Flokida at Largo 0 W S LIST Owner I1 11460 Inc. _-_Janyce Robins, Pres. mallin9 Addret: 795 NW 72 Street; Miami, Florida 33150 Teltpnont Number ( 305 ) 836-1400 LtQtl OesCription: Lots 19 & 20, Blk 52; 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 OwHr'f NOWanvice Robins, Pres. Warehouse #1, Inc. Kailin9 Address Same as above Telephone Nufber Same as above Legal Description: Same as above OrWIf Hobert Granoff - Warehouse #1, Inc. HAM119 Address Same as above Telephone Nu■ber Same as above teal Deseription: Same as above Any other real estate prope V owned individU411Y. Jointly, or severally (by corporation, partnership or privately) within 371' of the subject :ate is listed as fo11ew:: Street Address Legal Description None None , Street Address , Leptl Deseriotion None�n^ r, Street Address Le9tt Deseription Nnnr.+ 92- 357 92-- 358 1. tag" desatiptian and streat addfmss of sue319M real p� : Lots 19 & 20, Blk 52; SILVER BLUFF ESTATES SE TC IONIC", according to the Plat thereof recorded in Plat Book 10, at Page 65 of the Public Records of Dade County, Florida. 2638 SW 28 Lanel Miami, Florida 33133 2. •OMner(s) of aWW" rsaL property and pereentago of ownership. Nuts! City of !heel Oedinanas No. 9419 requites disclosure of all pasties Faiunq a financial interest, either direct cc indirect, in the suaject hatter of a presentation• request or petition to thS City Coaieission. Accordingly, question 12 reWiree disclosure of all shareholders of OD�pC1CaCt0effo benaticiaries of trusts► xWo► ay odd tr4arestsd partial• eogetdee with their and prepertionate itnteL-ene Warehouse #1, Inc. 100% Janyce Robins owns 50% of Warehouse #1 Robert Granoff owns 50% of Warehouse #1. Their address isi 3528 Royal Palm; Coconut Grove, Florida 33133(home) 795 NW 72 Streets Miami, Florida 33150(office) am by 41W �ey�iA ae� to e4dran of my rWd �°��y (a) 2T9 fete a! th. 9� A=, wad tDi 2oorsd witinin suibjece real i�l� None . U. JANYCE 0 INS, PRES. WAREHOU E #1, INC. sm (W ff== * ) as �" CF— R0b1 h S , b" ddX atom# dw oes ad sw mote finer at the seal pr+aperty d"wibed in aaawr to gratim il, abowt tl wave bn ned the My JOIN 4 W`ebl cs ad that the sass are tras and a pi I ad di aeie> N as mumay fft aroner) thwhe hat authority to eseam this OLMLos cc *WJMMWV Des an bd aLs a! %ft wear. . 16scm TO AM sall:x= b.Dm we th" day of JANYCE OB St , PRES. 9 2 _ IR8 WAREHOUSE #19 INC. COY OF DAB � Uld sa5*s rA �tne *Luy amo1�nso r ��r/Prre�s. Ct Warehouse .#1 , Inc. the owner of the real pzvper -4-escruet+o 31 www" to gklll Jl f scan I thWhe has read the torsgoU q ansrerss that the amm are true MA am- plete s WA t hstS be bn the asthWity to esaCM this DiSCUM nse cif ower- ship tc m son basalt of tft vam. JANYCE R BINS, PRES. WAREHOUSE #1, INC. AM ZD AND low= oetom s this a" elf natida aft NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. APR. 3,1995 BONDED TMRU GEYERAL INS. UNO. 9-9' 357 y2_ 358 . �7 C r • LAW OFFICES FExxF.r•T-, CARDF�NAS, FERTEL & MO AMIS A PROFESSIONAL ASSOCIATION SUITE 1920. MIAMI CENTER 201 SOUTH BISCAYNE BOULEVARD MILTON M. rERRELL. JR. MIAMI. FJ ag A ooim-23os ALBSRTO R. CARDENAS A_: N K.:ERTEL TELEPHONE (305) 371.8585 ALICIA M. MORALES TELECOPIER (305) 371.5732 A. VICKY LEIVA GUY K. STEWART. JR. PETER S. KNEZEVICH GREGORY A. PRESISH January 21, 1992 Nrn C� :- Teresi.ta Fernandez a y� Clerk of the Hearing Hoards City of Miami Zoning Dept. 275 N.W. 2nd Street IV Miami, FL 33128 .tom �11 - N 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. 'ncerel , VI Y LEIVA AVL/mq .C.. cc: Janyce Robins Laura Howell Al Cardenas 92-- 357 92- 358 JACK R. RICE, JR. ATTORNEY AT LAW AREA CODE 305 643-0240 642-0390 LOCATION: 2a21* N. W. FIRST STMCET Miami Zoning Board 3500 Pan American Drive Dinner Key Miami, Florida April 20, 1992. 3 Re: variance from ordinance 11000, 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. Honorable Members of the Miami Zoning Board: MAILING AODRESS: P.O.Box 2tsaa3a351027 Mum, FiojuDA o3m Please be advised that I represent James G. Robertson, M.D., who owns the property at 2600 S.W. 28 Lane, 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. I, therefore, request that an extension of thirty days be granted and the hearing continued. This request is based on the fact that the applicant wants the Board to waive all offstreet parking in spite of the fact that 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 is a self created hardship in the part of the applicant. In ` order to obtain a variance, the applicant must show a { hardship which can not be done under the circumstances. i The Board should take note that this is a total waiver of offstreet parking. The applicant has other stores °t 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. r 92- 357 9 2— 358 1 q -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, Rice, Jr. ney for James G. Robertson, M. D. r CITY OF MlAMl. FLORIDA INTER -OFFICE MEMORANDUM j ?p DATE PLE Gloria Fox, Chief November 12, 1991 Hearing Board SUBJECT Planning, Building & Zoning Dept. Status of Appeal of Continuance 2838 S.W. 28 Lane FROtfiriam Mae REFERENCES Chief Assistant City Attorney ' Zoning/Development Division ENCLOSURES My recollection of our discussion on the above-rdferenced item, is that I 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 Leiva's notice 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 oommunioation with A. Vicky Leiva in this regard. Although I spoke with her on this issue on October 24, 1991 (our last City Commission Meeting), and I have not received anything from her to date. GMM:ra:P2011 1 92- 357 92- 358 al tM � 4 „f1n N 1 1 kip 3 L NIII D(E P T J-92••358(a) 5/11/92 RE50LUTInN N0. A RF.18.+O;OFSIX iMONTHS. IRMING THE DECISION OF THE ZONINGD GRANTING THE TEMPORARY VARIANCION 1903.1 OF ORDINANCE NO. 11000,D, THE ZONING ORDINANCE OF THE CAMI, FLORIDA, ARTICLE 4, SECTIOSCHEDULE OF DISTRICT • REGULAWAIVE 5 OF 5 REQUIRED OFFSTRSPACES FOR THE EXISTING COMMERSS (THE PAPER WHOLESALER) FOR THLOCATED AT 2638 SOUTHWEST 28TH LLORIDA (MORE PARTICULARLY DESCRI, ONED I INDUSTRIAL, FOR A PERIODTHS. WHEREAS, April 20, 1992, P . q 2 the Miami Zoning Board at its meeting of Item No. 4, duly an seven to two (7-2) vote, grunting Resolution ZR 32-92 by temporary variance as hereinafter set forth; WHEREAS, an adjacent property owner h taken an appeal to the City Commission from the granting of the mporary variance; and WHEREAS, the City Commission after careful co)sideration of this matter finds that there are peculiar c reumetances affecting this parcel of land and that practical di iculties and unnecessary hardships exist which would impair the wner's right to the reasonable use of the property without the _> temporary grant of a variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TH CITY OF MIAMI, iLORiDA: qy y AAll�rim ! ` WE Zz p�% ' 7< 1 haul' INC.''•- AS�:,*f4 Imo•' .,•'' �7 i %-/ s 6+_z •ti ' r f THE PAPER `WiHOLESALER Operated by Graco Paper Company Est. 1945 RESTAURMI a HOPARTY SUPPLIES OPEN 7 DAY in 4o ec- ion vn WE SPLIT CASES COCONUT GROVE i EER PERRINE 2638 SW 28TH BANE 1 N HAVE Ma LAGLER 18329 S. DIXIE HWY. (JUST OFF SW 27TH AVE. & US 1) (OFF THE AT 103 ST. EXIT) K PLAZA) (US 1 & EUREKA DR.) 285-1551 825-4770 c"2 9949 252-7874 10 % OFF 10 % OFf 10 % OFF 10 OFF HELIUM CHILDREN S GALLON DALLOONS TANK PARTY PINE OR tElIAON R OR RENTAL PATTERNS LIQUID CLEANSER LATEX Coupon Expires 3/31 /92 Carpon Expires 3/31 /92 Coupon Expires 3/31 /92 Coupon Expires 3/31 /92 t•.:, MEETMYBOn.. v - PASSENGER 1290TM rtnouu MVEMB PRICE U�Awlknm` $ 099 PASSENGER PENNI P&G P155/80R1 oubkmpinl (IR rlwngjp MiIALS Try b >dlow us the same atm fires mripamble to Trfun" tmm arrybWs Ix vat local ad. PICKUP PERFORMANCE PASSENGER e TERRAW LT ++� RADIAL SR 1200 RADIAL M/ ■ On,!off road durability ■ Tito steel ■ S-speed rated ■ All season • Two ■ All season ■ Two steel belts M belts Is Fits pickups. vans 41VO steel belts ■ 50,60. 70-series saes ■ Fits many domestic cars AS T., Q Cutrire lcu: Out1�^e !sad While fellers Price White Letters Price Whiteµ'a4 Price Whitehall Price • CRC,q Letters Rarye Price Lettez Ra+ye Pn;e P1551WRI3 1299 P20575R11 1799 �� cAA • PP20575A1S SL 56.N 32PI V15 C 16199 P19570R13 55.99 P15,'65R15 73,99 PlaZRU 24.99 21 P SZ11 575R15 29.99 ICF P21575RIS SL 71.99 32X125CRI5 C 111.99 P20y75Rf4 61,99 P2156OR14 66.99 P19575R14 26.99 P23575R15 32.99 P235751115 XL TO." P21570R14 $3.99 P235160RI5 76.99 Limit 4 per customer. MM491.8 P22517CW14 71.99 No dealers. Nocarryouts 1 1 s 11 1 1 -- --- - - -- -.� �1-- -,!s- t-- MasterCare" Coupon MasterCare© Coupon T MasterCare� Coupon 1 MasterCarem Coupon Your Choice Maintenance Maintenance 'Oil Change' 10%Brake Service` Tune -Up OFF Pea 13448CByllnder & Filter598raxle. 1 1 Reg. Price Most cars. 1 6 CYLINDER 8 CYLINDER 1 Bridgestone DISC OR DRUM: 1 1 �� . g ■ Inspect brake hoses, 1 $4488 $5488 1 Firestone master cylinder I p Install BOSCH spark plugs l I ■ Install premium padstshoes 1 p p g 1 Most Cars. GREAT NAME TIRES ■ Resurface drums/rotors 10 Inspect filters, belts, vacuum,l WITH COUPON ONLY a Road test vehicle I ducPCV valve, moreses, I e RSullep toy quarts Kendall` SEMI-METALLICPADS,GREASE SEALS, REPACK I MOSTELEC. IGNITION CARS. TRAN$YERSE 1 P rb10010W3QOil WHEEL BEARINGS EXTRA IF REQUIRED. V4; ENG. d AC INTERFERENCE EXTRA. 1 Redeem at participating Firestone Tire A Redeem al participating Flrestone Tire S n Redeem at particlpating Firestone Tire di Redeem at participating Firestone Tire 8' Service Centers only. Not to be used with Service Centers only. Not to be used with Service Cantors only. Not to be used with Service Centers only. Not to be used with anotherolleronsame productsiservicear anotherofteroncame products/serviceorlanotherofferonsame products/service orl anotherofferonsameproduclalserviceor used to reduce outstanding debt. used to reduce outstanding debt. 1 used to reduce outstanding debt, 1 used to reduce outstanding debt. EXPIRES3.31.92 EXPIRES L EXPIRES3.31.92 1 E1rPIRES3.31.92 FIRESTONE TIRE & SERVICE CENTERS 90•rye»wa Flagler ....... Victor Gutierrez 12W W. Flagler St....545.6811 'Plantation......Arthur Cohen '7777 W Sunrise ......473 SAME NOAhside ...... Ricardo Rodriguez 6440 N.W. 271h Ave. ..691.1200 Pompano ......Rick Spector Fashion Square Mail. .782 SAME Miami Lakes.... Bob Fritz 6580 N.W. 1861h St. ..622.5101 Hollywood .....Rolando Ruffin 5844 Hollywood Blvd..OW c� Hialeah ........ Tony Dominguez 1595 W. 49th St ...... 556-0444 Commercial ....Rick Crenfield 73DO Commercial Blyd.748 ASCASM Dadeland ......Tony Fuentes 8701 S.W.72nd Ave...667.4M Sthlnd. Ft. Laud. Bill Esch 903 S. State Rd.64 ...522 Miami Dixie .... Leo Reclo 97N S. Dixie Hwy .... 661.8544 Lauderhill ......Tony Pslemo 1801 State Rd. 7......739 Westchester.... Rey Martlnez 2250 S.W. 871h Ave. ..226.7876 Hollywood .....Paul Henz 106 N. Dixie Hwy ...... 923 KendLakes ..Joe Vega 5626 S.W. 137th Ave..385.1987 Pompano Sch...John Andrews 3051 N. Federal Hwy..041 Kendallall West ... Victor Paulino 15697 SW 881h St. ..387.1378 Boca Raton ....Tony Rulfinl 1259 N. Federal Hwy..392 Homestead..... John Lipkowski 110N.E.athSt....... 247.2544 Deerwood...... Harry Fritz 15135 S.W. 122nd Ave. .233 Cutler Steve Marks 20101 S. Federal Hwy.233.7841 Davie .......... Don Charlier 2901 S. University or, .472 Miami Beach ...Ted Hackbarth 1569 Alton Rd ....... 5W2747 Coral Springs... Dennis Gill 2020 N. University Dr..753 anaruew a.Mrl-n cvsmsa uo No. Miami BeachDoug Wallace 16251 Miami 0r......949.4386 N. Lauderdale ..Jay Gootee 1387 S. State Rd. 7....977 —aYM'A.i.d M�N4 Wrpal.q,e •Boca Raton ....Ralph Compton 123245 S.S.FL7 .......487.5303 Pembroke Plnes.Jeff Tellel 11288 Pines Blvd ...... 437 .ricot■wew,m.wl�M x+amw.y 'Associate Dealer M aLf/ Ma �.l11 p ryn•ao.Ilw riA Submitted into the public record in connection with item Z ' 1 on � a- . Matty Hirai City Clerk -- 4� w 3 k. y .:y"&. A. �Y ,f- r - - 3A't� Submitted into the public record in connection with item I on Az.- 9 2- 357 Matty Hirai 92- 358 City Clerk E, 4WO UnPaJ rnv.)Zws- 4WD PIWA Cus%m(r-K I 3q 2-91 17ud by . r.. NO Submitted into the public record in connection with item PZ-t on !qA- 92- 357 Matty Hirai 9 2 e 358 City Clerk Czbmitted into the public record in connection 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--