HomeMy WebLinkAboutR-92-0422T
J-92-387(a)
6/8/92
RESOLUTION NO.
92- 422
A RESOLUTION DENYING AN APPEAL FROM AND
AFFIRMING THE DECISION OF THE ZONING BOARD
WHICH MODIFIED IN PART AND AFFIRMED IN PART
THE CONDITIONS RELATING TO HOURS OF OPERATION
AND THE CONSTRUCTION OF A WALL WHICH WERE
ATTACHED TO THE APPROVAL RENDERED
MARCH 5, 1992 OF A CLASS II SPECIAL PERMIT
APPLICATION NO. 92-1936 BY THE PLANNING,
BUILDING AND ZONING DIRECTOR FOR THE PROPERTY
LOCATED AT 3365 SOUTHWEST 37TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN).
WHEREAS, the Miami Zoning Board at its meeting of
April 20, 1992, Item No. 8, duly adopted Resolution ZB 39-92 by
a five to four (5-4) vote, which modified in part and affirmed
in part the conditions attached to the approval rendered March
51 1992 of a Class II Special Permit Application No. 92-1936 by
the Planning, Building and Zoning Director; and
WHEREAS, the applicant, Yousef Sulieman, has taken an
appeal of said Zoning Board's decision; 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
deny the herein appeal from the Zoning Board's action and to
affirm the decision of the Zoning Board;
CITY CODnMSSION
MEETING OF
J U 141 1 1 1992
9 2 a=l' 1 2 2 s
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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 appeal in this matter is denied and the
decision of the Zoning Board to modify in part and affirm in
part the conditions relating to the hours of operation and the
construction of a wall which were attached to the approval
rendered March 5, 1992 of a Class II Special Permit application
No. 92-1936 by the Planning, Building and Zoning Director for
the property located at 3365 Southwest 37th Avenue, Miami,
Florida, more particularly described at Lots A and B, Block 25,
amended plat of FROW HOMESTEAD, as recorded in Plat Book B at
Page 106 of the Public Records of Dade County, Florida, by
reducing the hours of operation from 6 a.m. to 12 p.m. to 7 a.m.
to 11 p.m., and by requiring the construction of an 8' CBS wall
stuccoed and painted on both sides to be maintained by owner
along the easterly boundary line, is hereby affirmed.
Section 3. This Resolution shall become effective
immediately upon its adoption.
- 2 -
92- 422
PASSED AND ADOPTED this llth day of J ne 1992.
Xlyn,ER L. SYA59Z
ATTEe
MAYOR
,
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
AN & k � N\
�\\ m! \ %
G.. I I MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
b2- 422
ZW2
ZONING FACT SHEET _�
LOCATION/LEGAL 3365 SW 37 Avenue
Lots A and B, Block 25, AMENDED PLAT OF THE FROW HOMESTEAD (8-106)
APPLICANT/OWNER Yousef Sulieman Wilfrid M. Whitney, Esquire,
Agent
V00 NW 7 Avenue 201 W. Flagler Street
Miami, Florida 33150 Miami, Florida 33130
Home: 856-4936 Work: 856-4936 373-5313
ZONING SD-2 Coconut Grove Central Commercial District
REQUEST Appeal by applicant of two of the conditions of the Class II Special Permit
application 92-1936 for exterior alteration and addition to structure per Section
602.31 which was approved with conditions by the Planning, Building 8 Zoning
Director on March 5, 1992: Limiting hours of operation from 6:00 am to midnight
and providing an 8' CBS wall stuccoed and painted on both sides to be maintained
by owner along easterly boundary line.
RECOMMENDATIONS:
PLANNING, BLDG 6 ZONING DENIAL.
PUBLIC WORKS
PLAT AND''STREET
DADE COUNTY TRANSPORTATION
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: NIA
Violation(s) Cited: N/A
Affidavit of Non -Compliance issued on: N/A
Lien Recorded on: N/A Total Fines To Date: N/A
Comments: N/A
HISTORY
ANALYSIS Uphold the decision of Planning, Building and Zoning Director.
ZONING BD At its nesting of April 20, 1992, the Zoning Board
adopted llasolntion ZZ-197-92, by a 5-4 vote, to modify
the decision of the Planning,. Building and Zoning
Director of March 5, 1992.
Fifteen OPPONENTS and 1 PROPONENT were present at the
nesting.
Two replies ACA ST were received by nail.
92- 422
APPLICATION NUMBER 92- 40 April 20, 1992 Item) 8
Page I Date Generated: 04/13/92
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BARON .AND CLIFF
ATTORNEYS AT LAW
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RtCMARO BARON SUITE 307 _
NANCY J. CLIFF ti077 BISCAYNE BOULEVARD
MIAMI, FLORIDA 33161
TELEPHONE (305) 893-2535
MYER J. COMIEN• FAX (305) 693-05913
• ADwrrt0 N w�etl. CMS♦
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May 4, 1900 _
The City of Miami
Hearing Board Division
275 N.W. 2nd Street
Room 224
Miami, Florida 33128
Attn: its. Teracita Fernandez
HAND DELIVER
Re: Yousef Sulienan/Case No. 92-1936
Dear Ms. Fernandez:
My client, Yousef Sulieman, hereby appeals the adverse ruling of
the Zoning Appeals Board rendered on April 20, 1992.
Please advise me if any additional fee for filing this appeal is
required.
4,, Thank you for your prompt attention to this matter.
Ve truly yours,
-t
RICHARD BARON
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;C Vwv JHl� N
92 422
APPLICATION FOR CLASS II SPECIAL PERMIT (2 originals) 92- 1936
READ ARTICLES 13 AND 15 OF ZONING ORDINANCE 11000 AND ATTACHED DIAGRAM
I, Yousef Sulieman apply to the director of the
Department of Planning, Building and Zoning for approval of a Class II
Special Permit under the provisions of Article 13 and 15 of the City of
Miami Zoning Ordinance.
Address of Fropert.y 3365 SW 37 Ave `
Nature of Proposr?d tr.^,a convenient Store. =-
Zoning Su-2 Atlas Sheet 46
Nature of Application (Be specific)
Class II Required per section 602.3 for exterior alteration, and
addition.
I attach the following in support or explanation of this applications --
Location map, property survey, tree survey and planting plan _
Zoning facts, architect's seal (unless owner's built) c
Fully dimensional plans with rights of way
One set of plans shall be submitted in addition to the two required sets
for the building permit. This set of plans will be in the Planning
Division file and shall have no amendments on the print.
**PERMIT FEES ARE NON-REFUNDABLE**
Fee of $100.00
Signs, fences, canopies, minor appurtenances, and minor
repairs to be reviewed as required by the Schedule of
DistrictRegulations. ... ..................................$50.00
CS, PR, R-1, R-2, R-3, R74, 0, G/I, C-1, C-2, CSD, I per
square foot of gross building area, based upon the definitdon
of building (Section 2502).......................... .n ......$0.015
Minimum........ ...... ... ........................... g
PUDs per square foot of�net �lot area................::..�� .....$0.15
Minimum.............................................. ...4:<...$750.00
Demolition ..........................................
All other applications as required by the text or theme
Schedule of District Regulations (Article 4).........N ...; ...$100.00
-+ Owner's Name: Yousef Sulieman Owner Phdnes 856-4936
Agent's Address: 6900 N.H. 7 Avenue Agent's Phones 856-4936
City, State, Zips Miami, FL 33150
In case of an appeal, the owner agrees to full disclosure of ownership.
001,
_ Signature
:bsx Karoo a57 Owder
Mr COMM0 SM RVOM M as. IMs
W"M TNXY WJcKLn1%Xr t AssOMIN
This permit shall expire one year from the date of its approval.
Any project requiring a Class II Special Permit must first be reviewed by
the Building and Zoning Division (2nd Floor) to insure that each project
conforms to all zoning requirements. Therefore, this form must be signed
by the Chief Zoning Inspector before the project will be considered for
final approval by the Director of the Planning, Building and Zoning
Department. Both pages must be completed prior to granting of a permit.
"This project has been reviewed by the Building and Zoning Division and
has been found o be conformance with all zoning requirements."
Chief Zoning Inspector to
Page 1 of 2 92" 422
4r
*FOR OFFICE USE ONLY*
Number 92-1936
It is intended that Class II Special Permits be required where specified
uses and/or occup•.Pcies involve substantial technical issues relating to
planning policy.
The Director of the Department of Planning, Building and Zoning shall be
solely responsible for consideration of applications for Class II Permits.
The Director shall make such referrals to other officers or departments as
are required by regulations to the particular special permit and may make
other referrals deemed necessary by him before arriving at his decision.
NOTICE: The final decision of the Director may be appealed to the Zoning
Board, by any aggrieved party, within fifteen (15) days of the date of
issuance by filing a written appeal and appropriate fee with the Nearing
Boards Division, Planning, Building and Zoning Department, 275 N.H. 2nd
Street, Miami, FL 33128 (Ordinance 11000: Article 18).
Referrals: Yes [XI No [ J: Maggie Genova-Cordovi '
Joseph Genuardi, Zoning
Xavier, Zoning
Conditions: Yes [X) No [ Is Per plans on file; and *Limiting hours of
operation from 6:00 a.m. to midnight.
*Providing a hedge, planted at 10" o.c.
along west elevation structure. *Providing
an 8' CBS wall stuccoed and painted on both
sides to be maintained by owner along
easterly boundary. *Providing low lighting
within the parking areas.
Findings: An Intended Decision was rendered on 2/20/92, 1)
indicating on plans type of glass proposed to be used on
west elevation facade, 2) providing color samples of
paint to be used for exterior and 3) indicating proposed
landscape treatment on site, including parking area.
rn
n
i
[ a Approved —
Sergito R r gu D ctor
[X) Approved With Conditions Planning, Bluilding and Zoning Department
[ Denied '�� pdqA
hte
This Class II Special Permit shall expire: 03/03/93
92—
Page 2 of 2 422
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Guillermo Olmedillo, Deputy Director
-,� Planning, Building & Zoning Dep't op;_ March 23, 1992 �L_
Joseph Genuardi SUBJECT
Z ing Administra Appeal of the Class II
^ Special Permit 92-1936
`RO^^ Teresita L. Fe nandez, Chief REFERENCES
Hearing Boards Division Letter of Appeal dated
Planning, Building & Zoning Dept ENCLOSURES March 20, 1992
Attached is a copy of the appeal of the aforementioned matter. Please
submit all materials which constitute the record upon which the
decision was taken. Also please include the names and mailing
addresses of all parties who have expressed interest or opposition in
this matter.
r7
92- 422
.GHN F COSC4?ovf
Vj
COSGROVE LAW 0FRCES
201 WEST FLAGLER STREET
MIAMI, FLOPIDA 33130
GIU A �' "�
March 20, 1992
Zoning Board
Hearing Soards Division
Planning, Building and Zoning Department
275 N.W. 2nd Street
Miami, F1 33128
re: file # Class II-92-1936
TE EP► ONE 13M) 373•S3-3
TELECOPIR (FAX) 372.2788
Z
Dear Sir: rb
z C-)
Please be advised that this office represents t1N ap�: cant
with the above referenced file number. Enclosed is afeopy g the
application for the class II permit. oN r T
On behalf of the applicant; we hereby appeal theecis:in of
the Director as to this application. The application wgs approved,
with conditions. The conditions we are appealing are tie 6:00 a.m.
to midnight hours of operation, and the requirement of prdviding
an eight foot CBS wall stuccoed and painted on both sides. As to
the hours of operation, the application needs a permit allowing 24
hour a day operation.
As per my telephone conversation with Teresita Fernandez, also
enclosed is our office check in the amount of $400.00, representing
the appeal fee. Please schedule this matter for hearing as soon
as is practicable.
Thank you for your attention and cooperation in this matter.
Should you have any questions, please do not hesitate to contact
the undersigned.
enclosures
Sincerely,
Cosgrove Law Offices
by.
WILFRID No WHITNEY, UIRE
92- 422