HomeMy WebLinkAboutR-92-0423J-92-358 (a )
6/11/92
RESOLUTION NO. 9 2_ 423
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND GRANTING A TEMPORARY
VARIANCE FROM SECTION 1903.1 OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, 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 (MORE PARTICULARLY
DESCRIBED HEREIN) (THE "PROPERTY"), ZONED I
INDUSTRIAL, FOR A PERIOD OF ONE YEAR, SUBJECT
TO THE REQUIREMENT THAT THE PAPER WHOLESALER
SHALL MAKE AVAILABLE TO ITS CUSTOMERS NO
FEWER THAN TWENTY (20) PARKING SPACES IN THE
PROPOSED PARKING AREA LYING ADJACENT TO THE
PROPERTY AND UNDER THE DADE COUNTY METRORAIL
SYSTEM AS SOON AS SUCH AREA SHALL BECOME
AVAILABLE FOR PARKING.
WHEREAS, the Miami Zoning Board at its meeting of
April 20, 1992, Item No. 4, duly adopted Resolution ZB 32-92 by
an seven to two (7-2) vote, granting a temporary variance for a
period of six months; and
WHEREAS, an adjacent property owner has taken an appeal to
the City Commission from the granting of the 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 difficulties
and unnecessary hardships exist which would impair the owner's
right to the reasonable use of the property, without the
CITY coRoussrom
MEETING OF
JU rJ 1 1 1992
Aatoluilon No.
92- 423
temporary grant of a conditional variance as hereinafter set
forth;
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 in this
matter is affirmed and the temporary conditional 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, (The "Property"), Zoned I Industrial, Permitted
Principal Uses, is hereby granted for a period of one year,
subject to the requirement that the Paper Wholesaler shall make
available to its customers no fewer than twenty (20) parking
spaces in the proposed parking area lying adjacent to the
Property and under the Dade County Metrorail system as soon as
such area shall become available for parking.
Section 3. This Resolution shall become effective
immediately upon its adoption.
2 -
92- 423
PASSED AND ADOPTED this 11th day ofo_ Jun_e-, 1992.
XAVIER.Lj SUARE
ATAaOR
TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
\ UANX MA
G. IRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Q N E , III
CITY AT EY
GMM:ra:M2920
- 3 - 92- 423
LOCATION/LEGAL 2638 SW 28 Lane
Lots 19 and 20, Block 52, SILVER BLUFF ESTATES SEC C (10-65)
APPLICANT/OWNER Janyce Robins, Pres. b 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 b 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
=i 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 contintred to April 20, 1992 from the Zoning Board Hearing of October 7, 1991
for the staff to analy+e the parking problem in this area. An item for reconsideration was
brought back at the applic.nt's request on the Zoning Board Hearing of February 10, 1992
j and -it was denied by 7 to 2 vote.
ANALYSIS The results of the study will b2 ,%vailable 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, s�ructure, 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- 423
APPLICATION NUMBER 92- 28 April 20, 1992 Item# 1
Page 1 05/19/92
s
='
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 e
--
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 applicant 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. _
92- 423 _
April 20, 1992 ROW 1
.
Page 2 05/19/92
ZONING BOARD At its meeting of April 20, 1992, the Zoning Board adopted
Resolution No. ZB 32-92 by a vote of 7-2, granting a
temporary variance for the above, for a period of six months.
Eleven replies AGAINST were received by mail.
CITY COMMISSION At its meeting of May 28, 1992, the City Commission moved to
reconsider this item at its meeting of June 11, 1992.
92- 423
3
AREA CODE 305
643-02A0
642.0380
LOCATION:
=a2A N. W. tIRST STnILET
0
JACK R. RicE, Jn.
ATTOPNEV AT LAW
April 30, 1992
PlAhn-lzng and Zoning Department
275 N.W. 2nd Street- Room f226
Miami, Florida 33128
c
NAILING AOORESS'
O. 8Ox xawdxa 351027
Mgt, PWMDA 83135_1027
Z
Dz-baIVERED
riYt-:N, 1992
Attention: Teresita Fernandez 0
w
Re: Appeal of Variance from ordinance 11000 m
Applicant: The Paper WholesalerPr
z C-)
Dear Members of the Board:
Please be advised that I represent James G. Robert n wFgrn
owns the property at 2600 S.W. 28 Lane, Miami, FloRda,
located within 375 feet of the site for which the aiPove z
variance was granted.
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."
A
no
T
t
I
I
Planning and Zoning Department -2-
59
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.
es G. Robertson, 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.
ca
m�
� ^�92-- 423
7
,t JACK A: RICE. JR. ATTORNEY AT LAW • P. O. BOX MIAMI, FLA. 3313 (303f 64��pt40
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M
PETITION FOR VARIANCE
a
File Number V-83
A variance is relasa don of the terms of the ordinance where such action wal 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 enforcement of this
ordinanes would result In unnecessary, and undue hardship an the propmV. As used in
this ordinance, a variance is authorised- only for height, a'ec+ size of strzsaw-e,
dimensions of yards and other open "a" and of fstr"t parwng or lowanq
requirements, (Section 3101)
19ROBINS P
hereby petition the City of Miami Zoning
Boom or a variance from the terms of t "Zoning Ordinance of the City of Miami,"
effecting property located at PA18 sW 28 LANE Miami as
specified below.
In support of this application, the following material is submitted with this application
1. Two copies of a survey of the property prepared by a State of Florida Registered d
wveyw.
.X 2. Four copies of: the site plan showing (as required) property boundaries, sail "
Of any) and proposed structwe(s), parking, landscaping, eta building elevation
and dimensions and carnputations of lot area (gross cnd net), building spochMh LU
ratios, and height em elope. _
.. X 3. Affidavits disclosing ownership of property covered by application and disclosure
of interest form (Forays 443 and 4c83, attach to application).
4. Certified list of owners of real estate within 37S' radius from ft outside
boundaries of property covered by this opplicatlam (Forty 6.83 and attach to - -
application.)
...x S. At least two photographs that snow the entire property pant! a %J improvements).
6. Other (S,peMfy) NONE-
_.X7. Fee of $ 24" to apply toward the cost of processing, based of the following: i
(a) RS, RG•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 $0.0 7 per sq.f t. of floor area of building(s)
from the ordinance minimum - $S60.00
(d) Surcharge equal to applicable fee from (o)•(c) above, not to exceed 550.00;
to bo refunded if there is no oppeoi. (City Code - Section 62-41)
92— 423n,
L 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 Ordinance;
Note: This application cdmnot be accepted for Zoning Bocrd action urdess all of the
f oUowing six items are completed, ..
(a) 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 building: in the same zoning district In thats (?Ut evidence to
be prod =edl and use additional sheets, If necessaryJ
See Attached
(b) The special conditions and circumstances do not result from the actions of
the petitioner in that:
7
See Attached
92— 423
(c) Literal interpretation of the provisions of the zoning ordinance would dearive
�"� the applicant of rights commonly enjoyed by other properties in the same
zoning district under the terms of the zoning ordinance and would work
unnecessary, and undue hcrdships on the petitioner in that:
See Attached
(d) Grouting 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 structvre in that:
See Attached
s 92— 423
:Y
(f) The grant of the variance will be in harr my with the general intent one
pvrpase of the Zoning Ordlr==4 and will not be injvrious to the
neighborhood, or otherwise detrimental to the public welfare.
See Attached
Note: All does,craerus, reparts, studies, eshtbttes or other written or grapNe matsrlat to be
submttted to the Zoning Board shcli be submitted with " ap"timu
tnorczea Agent
Warehouse #1, Inc.
Address 3528 Royal Palm
Coconut Grove, 71 7 »
STATE OF FLORIDA) SS: 795 NW 72 Street
COUNTY OF OADE ) Miami, Florida 33150
:sari C'6 4061 tlS 0 being duly swam, deposes and
sow is the umoriurd Agent at of the real property descbed in
answer to question f 1, above; thatta has read the foregoing answers and that the corns ore
true and complete; and Of acting as agent for owner) that Ae has authority to exwAe this
petition an behalf of the owner.
(SEAT.!
SWORN TO AND CRISED
before me th der o
I
MY COMMISSION EXPIRES:
NOTARY PUBLIC STATE OF FLORIDA
MY C MISSIC`1 EM APR. 5,1995
'S0: u:0 THRU GUZM INS. Utz.
Form 143
Ji�yce Robins , Pres.
Warehouse #11 Inc.
w
Notary Public, t"VF Imrica at Lbtge
92- 423
M.
S. Variance for off-street parking
Art. 9, Sec. 917. and Art. 4
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 resultr this.prbperty, as
well as others on the same block, became deprived of,
available parking other than metered, on street parking.
(b) boss 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 manner 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. specially in the past several years,
the environmen- as changed. The railroad was replaced
by MetroRail, L afacturing/industrial uses are gradually
being replaced ::y lighter commercial uses such as antique
shops which operate as retail usba 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, County and the property
owners/users, reasonable use of the sub eat property
as well as the other properties along 29 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. . .= to stabilize and enhance
property and'civic values= to aid in development and
redevelopment of the citys to-. protect and safeguard
the economic and social structure upon which the good of
92- 423 13
all depends." Without economic stimulation and encourage-
ment of feasible development and property utilizations
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- 423
STAa OF MR.- iA)
)b..
COUNr'! of D"s )
Before not the undersigned authority, this day personally
appeased JANYCE ROBINS , who being by N first
duly sworn, upon oath, deposes and says
1. Thatshe is the owner, or the legal representative of
the owner, submitting the accoapanying application for a public
hearing as required by Ordinance 11000 of the Cod• of the City of
USAir Florida, effecting the roal. property located in the City
of Masi, as described and listed -an the pages attached to this
.. affidavit and made a part thereat.
3. That all owners whichShe rspreseats, if arty, have
given their fell and eomplets permission for I& to act in their
behalf for tbM cbanga or moditicatioo of a classification or
regulation of zoning as set out in the accompanying petition.
3. That the pages attached hereto and made a part of
this affidavit contain the current nasms, mailing addresses,
phones numbers and legal descriptions for the real property which
She is the own" or legal representative.
4. The tuts as represented Lm- the application and
docuwents smbmitted in eonjinctioa with this affidavit are true
and correct.
Further Affiant sayeth not.
Sworn to and Subscribmd before as
this ,day of
VV '
Notary Pubi , S to of Fic da at barge
ail (SLAL )
CE ROBINS, PRES.
iOUSE #1, INC.
92- 423
OWNIA'S LIST
r.-)
Owntr'S NMt! warehousQ Y1.
Znc. -
Ja:;yice
P.obins, Pres.
Nailing Address 795 NW 72 Streets
----- -
Miami,
Florida 33150
�o...®.N..�,.,.—....,.ems
Teteonone Number ( 305)
836- 1400
Legal Description:
Lots 19 & 20,
Blk 521
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'a NOIN4anyce Robins, Pres. Warehouse #1, Inc.
Mailing Address Same as above
Telephone NuSbtr Same as above
Loyal Description:
Same as above
WWI$ MWU2bert Granoff - Warehouse #1, Inc.
Nailing Address Same as above
Telephone NUebWSame as above
Legal Description:
Same as above
Any other real ostato preper%y omw individuglly. Jointly. or severally
(by eorporation, F&rLr"ip or privately) •4thin JTa' of tft subjwt
site is listed a: tollo�a:
Street Address Local Description
Street Address
None
!Hal Description
None
ry
Street Address Legal Description
/� 92- 423
Dw== or CHROSM
I. Legal daoariptiaa and street address of ^sucdect real �rvpert s
Lots 19 & 20, Blk 52; SILVER BLUFF E TATES SE TipoI 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 Lanei Miami, Florida 33133
2.. •oasser(s) of ag ject real prcparty and percentage of ownership.
Notes City of Mimi OrdLrAnm No. 9419 requires disclosate of all pasties
Fiavunq a financial interest, either direct or indirect, in the wx jec-t
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all sbarelsolders of
aotpcsaeiame biciastss of trusts, ud/ae any otber interested pasties,
tagethW with their addresses and prcpaetiLottaea itt=Wt.
Warehouse #1, Inc. 100%
Janyce Robins owns 50% of Warehouse #1
Robert Granoff owns 50% of Warehouse #1.
Their address ism
3528 Royal Palmi Coconut Grove, Florida 33133(home)
795 NW 72 Streets Miami, Florida 33150(office)
3. L ML 6weeription acid street addreso of any real property (a)
owsned by ate► party listed in amwr to gmtUn Us, cad (b) lowcad within
373 feet at the real pCMUCy.
None
. b.
JANYCE 0 INS, PRES.
WAREHOU E #1, INC.
MM Cr PLf3 = ) as
CCC la Cp Oiler )
�GWIyC� nob! rt S . bdM duly swotso daposss and
says thmgne t, the irvasr
eNW) of the real property _
daseribed its wame to gosotion Ile ab mt thgt. l • bn Bead tM faee40iM
' a umm and that the sa■s are true and c a letat ad (d &OLIM as atteszay
for oe M) tbaofbe baa 0400city to aa+mouta this DUCK M c! OA=C2t1p
- f® co bdwU at I tw aAw.
1
JANYCE OB S, PRES.
swam To Am MO= WAREHOUSE #1, INC. -
blifOte tar tb"116M
w
day of -� Ib�'9i 9 423
=MY cr CIE 1
��&LtLE R060,1's , , , ftim "Y omn, ftpxws we
MIS M ad tl* M"Y apportiMOO Zgi a er Pres. of Warehouse #1,. Inc.
the vvrAr of the real property datsszszw u1 eew r to *mar`�"i ;lv aav e
tArshe NV roe the fm"olrlq answ@rs; that the sae are true &M mer-
plete: " tbat$ ba hu the amity to macute this Q 5919 er M Cd Owsr—
gap ftm en bebilf of tm oetrs.
A+7JR+ 70 Ate
aetore me t As
,uy ads
JANYCE R AINS, PRES.
WAREHOUSE; #1, INC.
�Ta
NOTARY PUBLIC STATE OF FLORIDA
Mr COWISSION EXP. APR, 6.1995
BONDEO THRU GENERAL INS. UND.
92-- 423
0
' LAW OrrICES
-
FEMMMLL,
CAR ENAS, Fnn=L LAG MOu A MS
A oROrESSIONAL ASSOCIATION
SUITE 1920, MIAMI `ENTER
201 SOUTH BISCAYNE BOULEVARD
MILTON M rEMPELL, JR
MxA2'Q, FLORMA. 33131-2305
ALSERTO R CAReENAS
ALAN K. rERTEL
TEttowONt (305) 371.8585
ALICIA M. MORALES
Tv.ECoolcp (305) 371.57:32
A. VICKY LEIVA
GUY K. STEWART. JR.
PETER S. KNEZEVICH
GREGORY A. PREMISH
January 21, 1992
N b
C-,
Teresita Fernandez i
Clerk of the Hearing Boards
City of Miami Zoning Dept.
275 N.W. 2nd Street IV _'�
Miami, FL 33128 '" --T_`
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.
WY
IFLEIVA
AVL/mg
8094
cc: Janyce Robins
Laura Howell'
Al Cardenas
9.2- 423
JACiK R. RxcE, JFc.
ATTOONEY AT LAW
AREA CODE 305
643-0240
642-0380
LOCATION:
8a2R N, W. :IQsT 8TNCC- April 20, 1992.
Miami Zoning Board
3500 Pan American Drive
Dinner Key
Miami, Florida
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 AODAESS:
". o. sox 2 351027
MIADtx, FiosiD& 83105
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.
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- 423
-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,
Ztk. ice, Jr.for James G. R6ertson, M. D.
y �� 423
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
TO DATE FILE
Gloria Fox, Chief November 12, 1991
Hearing Board SUBJECT
Planning, Building V Zoning Dept. Status of Appeal of
nuance
�I L- 2638ContiS.W. 28 Lane
FROM tl. Airiam�-M^a_e REFERENCES
`�
Chief Assistant City Attorney
Zoning/Development Division ENCLOSURES
My recollection of our discussion on the above -referenced
item, is that I reoommended 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
notioe of appeal), and that unless and until I am persuaded
otherwise by a review of case law and/or other authority, I an 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 October 24, 1991 (our last City
Commission Meeting), and I have not received anything from her to
date.
GMM:ra:P2011
92- 423
c
:71
c^ c1
.c
26 May 1992
Mr. Leo Van Burgon
Manager of Transit Utilities and
Right of Way
Metro -Dade Transit Agency
111 North West 1 st Street
Suite 910
Miami, Florida 33128
THE
C ` DOLAN ENTERPRISES, INC.
DOLA.N
P.O. BOX 450606
INTERIORS
J2610 S W. 28th LANE
COMPANY
MIAMI. FLORIDA
33245.0606
TELEPHONE 305/856-400�',
r +1►
FAX 105/856-6198
'
CONSULTANTS
CLIENT CENTER GUILDERS
IMIAM!F FLORIDA �
9� tfUr� + OUTFITTERS
Z itSWWKDroee
.51
Re: Lighting Conditions between Metro Rail & Commercial Buildings
between S.W. 27th Avenue and S.W. 17th Avenue
Dear Mr. Van Burgon:
This firm is located at 2610 S.W. 28th Lane. It has been burglarized three (3) times
in approximately 15 months. Twice in the past three months. The building has a
monitored audible alarm services. The City of Miami Police have responded
promptly and courteously. The company has incurred over $40,000.00 in losses,
plus costs to regularly remove graffiti.
The two recent break-ins have been on the face of the building that borders on
the paved unlighted pedestrian walkway/service road that parallels U.S. 1
between the elevated Metro Rail and my commercial building. Several other
buildings in the area have also been robbed at night.
At night, this dark space is inhabited mostly by innocent unsuspecting people
flaking a walk, street people, and homeless. Several times I ; save been startled
by menacing vagrants coming to the windows at night making begging or
harassing motions.
I am requesting that the City of Miami/or Metro install night lighting in, this dark
corridor and encourage property owners to eliminate these hiding places.
92= 4zs ,-�3
a
Mr. Lbo Van Burgon
26 May 1992
Page Two (2)
The following are three conditions that contribute to this problem that could be
easily changed to reduce the crime and fire hazards in this area.
.
Safety lighting between the Metro Rail and the commercial buildings.
Secure the rear doors on the vacant building located at 2600 S.W. 28th
Lane, stopping escape -routes and hide outs.
Secure the space between our 2610 building and 'the Paper Wholesaler'
building on the Metro Rail side. It is a fire/safety hazard used for TRASH
and the VAGRANTS.
Sincerely,
THE DOLAN INTERIORS COMPANY
Daniel D. Dolan
DDD:wwc
cc: file
Mr. Gullermo Olmedillo
LIGHTING.LEE
.92-- 423
_ _ ...... ............. .. _ _.• r.�_�� a+.�.e wne.er, �Mw e,.,, aneiP4a.��OR
IRV of�i�zzrtM
SERGIO RODRIGUEZ, AICP
DlteCtnr
May 27, 1992
Ms. A. Vicky Leiva, Esq.
Ferrell, Cardenas, Fertel & Morales
Suite 1920, Miami Center
201 South Biscayne Boulevard
Miami, FL 33131-2305
RE: PaRV/ Wh lesaler
Dear M .teivy
CESAR H ODIO
City Maneger
iiCf r.. V , ~
92 •IUD`
Pursuant to your note of April 15, 1992, suggesting that this Department take
no further action enforcing alleged parking code violations, I am afraid that
my answer has to be in the negative. Let me remind you that you placed the
City on notice -of your client's neighbors` alleged parking violations via your
letter of October 14, 1991, addressed to me, which you close by stating..."The
issuance of citations to the other businesses is required if everyone is to be
treated equally before the Law." I wrote to you on November 20, 1991, in
order to respond to your request, enclosing a list containing the actions
taken by our inspectors. In addition, you included the complaint in the
public record of the Zoning Board meeting when you offered it as part of your
argument.
In conclusion, as you know, once a violation is reported, the Department is
charged:with the responsibility of pursing it.
Sincerely,
odriguez, AICP
ector
- Enclosure
bcc: Teresita Fernandez
Clark Turner
SR/rj
Planning and Zoning Division / (305) S794M / FAX (305) 3S0-1IS2
PLANNING. BUILDING AND ZONING DEPARTMENT/VS N.W. 2nd Street. Miami, Florida 33125
OF I,): I &AN! . C I TY Ni;\.AGFR ' 5 -
Cat of X-tairti
SERGIO RODRIGUEZ. AICP
Def IMI"1.1f
November 20, 1991
Ms. A. Vicky Leiva
Ferrell, Cardenas, Fertel & Morales
Suite 1920, Miami Center
201 South Biscayne Boulevard
Miami, Florida 33131-2305
RE: Paper Wholesaler
i
Dear Vicky;
M
CESAR H. OD10
Chy Manager
This i; in response to your letter regarding the action taken by the
Zoning Board to refer the parking violations in the area around Paper
Wholesaler to the Code Enforcement Division of the Building and Zoning
Department.
Attached is a list of addresses with the parking status. If you have
any other questions, please contact Juan Gonzalez, Chief Zoning
Inspector, at 579-6800 ext. 705.
,L
Very t
ly yours,
/WRodriguez
istant.City Manager
i
x'
SR%rb
cc: Pablo Canton, Planning, Building and zoning
'! Juan Gonzalez, Planning, Building and Zoning
92- 423
ADDRESSES
2400 SW 28 LANE
2434 SW 28 LANE
2450 SW 28LANE
2460 SW 28 LANE .
2500 SW 26 LANE
2520 SW 2E LANE
2600
SW
28
LANE .
2610
SW
26
LANE
2638 SW 28 LANE
10 : 13AM • C I TY YANAOER ' S - 3 ; 3
28T11 LANE COMPLAINTS
STATUS
Southland Tow4ng
Active license no
violation, Parking
provided allowed used,
Zoned I (Industrial).
[.andrun Payne Animal
C1 i.nj e, 7onp T. Pet
Store/ Hospital, no
violation, Parking
provided a] 1 owe d
use, Zone I.
No Certificate of Use on
file owner applied for
C.U. never called, Notice
of violation, Zone I.
Antique Shop No
Certificate of Use Approx
6 parking spaces on site,
Zone I. Violation.
Architectural Antiques,
Grandfather in Legal non-
conforming parking,
allowed use, Zoned 1.
Plastic Graphics
Manufacturer, Legal non-
conforming, parking
allowed use, Zone- I.
vacant.
License for office
Building no violation,
6 parking spaces provided
allowed use, Zone I.
Wholesale & Storage,
Zone I allowed use.
92- 423 � �
:E%7 21.CI7Y uF V.I :101"AM, • CI_Y 1:ANACER'S 0r -
2640 SW 28 LANE Antares (Seams to be
closed) Legal non-
conforming parking
allowed use, no violation
Zone I.
2642 SW 28 LANE Antiques Impot't Warehouse
Wholesale/Storage,
allowed use, legal non-
conforming parking, Zone
I.
2646 SW 28 LANE Darren William
Manufacturer no
violation, allowed use,
Legal non -conforming
parking, Zoned I.
2733 SW 27 AVE License for retail Lumber
Wholesale b Storage no
violation, allowed use
Zoned C-1.
2743 SW 27 AVE Talavera Fine Art Retail
no violation, Legal non-
conforming parking,
allowed use.
2751
SW
27
AVE
Crusing Gear Int'1 Corp.
-
Retail, allowed use,
j
Legal non -conforming
parking, no violation,
Zoned C-1.
2757
SW
27
AVE.
No Certificate of Use
-
allowed use, Legal non -
Conforming parking,
violation notice.
2759
SW
27
AVE.
Tony's Antique, Retail
allowed use, legal non-
conforming parking, no
violation, Zoned C-1.
2761
SW
27
AVE. -
Attic Electric Art Retail
allowed uae, Legal non-
`
conforming parking no
violation, Zoned C-1.
:: 11 -1 6-
Et C1 i
J
2765 SW 27 AVE.
2771 SW 27 AVE.
Estate Buyers Retail,
allowed use, Legal non-
conforming parking, no
vi.olation, Zoned C- 1 .
Architectural Antique
Retail, allowed use,
Legal non -conforming
parking, no violation
Zoned C- 1 .
92�- 423
c.17_ EY C1iy IMF -Adhft9' '10:21XV . C(TY II;kNAGE'S U
OF
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FERRELT., CAR M AS, FL*.RTF.L 8:
MO
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i.UITZ ISO O. MIAMI CCuT[q
MI�iON IA. reRgCLL, .f /1.
201 SOUTM •IMQAYFYe 411UVLLVANU
r� j 3:.,,_
ALRENIQ N. I.'Af+U[MA,5
2"iiANa, FLonm, nntni•enc►n
'
ALAN K. /'CRTCL
TLLC1`-0NC(305)371•NSCv
ALICIA M. MoRALC(A
Ta.tCoVltn (308) 371.5732
A. VIr11V LKIVA
GUY K. 9TCWART. JR
MCT[R X. KNezeVICN
Gfs6C�ORT A. rRca1C1�
It
October
14, 1991
is /d7
Sergio Rodriguez 0•c.r
Assistant City Manager ISJV
3500 Pan American Drive
Miami, Florida 33133
Dear Sergio:
At the Zoning Board meeting of October 7th, 1991, a request
for a variance application on behalf of the Paper Wholesaler was
presented. Among the actions taken by the Board was the
instruction that the parking violations in the area be referred to
the Code Enforcement Division of the Building and Zoning
Department.
Attached you will find a list of retail busineases in the area
Who are operating without the required parking and who, unlike my
client, have not received any enforcement action. This is creating
a hardship on the Paper Wholesaler 'as they are the only
wholesale/retail business being forced to meet the requirementrequirementM jor
ggkin in the area. he issuance of citat ons to the other
nesses s required if everyone is to be treated equally before
the law.
Thank you for your attention to this matter.
Sincerely,
A. Vicky
eiva
i
r
cc: Alberto R. Cardenas, Esq.
Janyce Robins (with enclosure)
Laura Howell
Guillermo Olmedillo (with enclosure)
Pablo Canton (with enclosure)
39~ 423
3
3/
-`E>T EY • C I TY OF \! I kv, I ZwQ
I - 32 10.21 Aa f • C I TY N-ANAGER ' S OF
PHOENIX -UNICORN, INC. CONSULTANTS
Planning . Zoaing . L-wid Use
LAURgTWDALL-HOWELL, WIFL
mu-AR0 ►A BUTLER DIR
TO, A. VIOW LFJVA ATTY.
FF.RRELl.. CARDENAS. FER'TU A MORALES
FROM. LAURA TINDALL-mowELL
SUBJECT: THE PAPER WHOLESALER INC. (WAREHOUSE P 1. INC.) �
REVISED MEW
DATE OCTOBER 4. 1991 i OCTOBER 6, 1691
AEVISED USTINO OF PROP ERTIES, AND 7 HEIR USES, ON SW 2D LANE AND SW 27 AVENUE ARE SET OUT BELOW. THIS UST
ACCOMPANIES THE DRAVANQ WI41CH YOU ARE USING IN THE PRESENTATION. 1 HAVE INCLUDED NAWS OF PROPERTY
OWNERS WHICH, IN SOME CASES, ARE ALSO THE USERS.
IF YOU HAVE ANY OUESTIONS ABOUT THIS LIST AND/OR THE DRAWING PLEASE LET ►k KNOW. IF YOU NEED ANY CHANGES
TO THE DRAWING, CALL MC- AND WE CAN ACCOMMODATE YOU WI:-LL NEED A COUPLE OF HOUES TO RETRIEVE THE
DMMNQ AND MAKE FIEWWONS.
ADDRESS AND USE UST
ADDRESS
1. 2771 SW 27 AV
2 2780 SW 27 AV
S 278S 6W 27 AV
4. 2761 8W 27 AV
6 7759 SW 27 AV
S. 2757 SW 27 AV
T. 2751 SW 27 AV
b. 77 SW 28 LA
IL 2W SW 25 LA
10. 264e SW 29 LA
t 1. 2WSW 28 LA
1:. 2GW SW 2a LA
11. 2W SW 20 LA
14. Zi0SW25LA
15. 460C OW 28 LA
Ia. 2520 6W:1 LA
17. 2= BW 2h LA
10. 2450 6W 25 LA
10. 24M SW 28 LA
20. 2400 SW 20 LA
21. 2=1 SW 20 LA
= 2EOS 6W 20 LA
:l. 7 01W 27 AV
COMPANY NAME
USE
OWNED;
(PROP. LJOR BUS.)
A PLACE FOR FLOWERS
RETAIL
CESAR JIMWErZ DEDICIN GROUP
OFFICE
GEO. K AWOLD. ESTATE BUYERS
RETAIL ANTIOUCS & EST. WNEM
AMOLD
ATTIC ELECTRIC ART
RETAIL
'
TONYB ANTIQUES
RETAIL
'
ANTIQUES [TQSURA
RETAIL
PATIVOK CANELES-MIWNEUM Q
RETAIL
'
TALAVERA PINE ART
RETAIL
CHARLOTTE'S ANTIOUES
RETAIL
SCHEWIRI
imERNATIOmAL ANTIQUES
FIX -TAIL
'
PLEXIGLAG SHOMOOM
MFGl6ALES
'
DARKEN WUTAMB PSTEW. INC.
ANTlOUES IMPORTS W HOUSE INC.
RETAIL a AUCTIONNEERS
MIAM ANfIOUE, AUCTION CQ
ANTAAES
RETAILA4r-G FURN.
NN POMEROY CORP
L C. HOFFER
TuE PAPER wwHoLE.RALER INCH
RETAIL
WAREHOUSE 01. INC.
DOLAN MOM STUDIO
OFFICE
DOLAN ENTEAPRISES
VACANT
AOBERMIN
PLASMIC GRAPMCS
MFG
DE ZINNO
ARCt11TECTUML ANTIQUES. INC.
RETAIL
.
NO MIME ON PROPERTY
TILE L PLAST91 CASTING 1 SALES
OONFALDNE
LANDRUM PAYNE ANWW. CLNJIC
VETERINARIAN
SANDY FUDGE PHOPS
SOuTKLAND TOWING INC.
VEt11CLE TOW►NB COMPANY
SHFLL LUMBER INC.
AETAL & W'HOUSE
PAUL NANRON
CORINTHAN ANTIOUES
MAIL
CFIU 9040 GEAR
RETA UUF'G
92- 423
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