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HomeMy WebLinkAboutR-91-0092W, J-91-57(a) 1/24/91 RESOLUTION NO. 9_1 92 A RESOLUTION DENYING THE APPEAL FROM AND AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS", AND "MINIMUM OFFSTREET PARKING REQUIREMENTS," AND ARTICLE 20, SECTION 2008, SUBSECTION 2008.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION OF A 70,025 SQUARE FOOT COMMERCIAL BUILDING; PROVIDING: ZERO (0) OF 316 REQUIRED OFFSTREET PARKING SPACES, ZERO (0) OF THREE (3) REQUIRED OFFSTREET LOADING BAYS; 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5' REQUIRED); 8' SIDE YARD (42.9' REQUIRED); 58%/31,639 SQUARE FEET OPEN SPACE (64%/34,970.21 SQUARE FEET REQUIRED); 17%/9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (21%/11,474.6 SQUARE FEET REQUIRED); AND ELIMINATING THE REQUIRED VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE BOULEVARD AND NORTHEAST 18TH STREET FOR THE PROPERTY LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT NO. 1380 - "CHINATOWN", AS PER PLANS ON FILE DATED NOVEMBER 7, 1990, SAID VARIANCE HAVING A TIME LIMITATION UNTIL MARCH 2, 1991 IN WHICH A BUILDING PERMIT MUST BE OBTAINED, AND BEING CONDITIONED UPON THE FOLLOWING: (1) THE 80 PARKING SPACES (AS INDICATED ON PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED ON THE BACK PORTION OF THE BLOCK (THE NORTHEAST 4TH AVENUE PROPERTY); (2) PARKING SPACES (AS PER PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY; (3) A UNITY OF TITLE FOR TRACT A, WHEREBY THE NORTHEAST 4TH AVENUE PROPERTY SHALL NOT BE SOLD SEPARATELY FROM THE BISCAYNE BOULEVARD PROPERTY, MUST BE PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT; (4) IN THE EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS AND REGULATIONS, THE APPLICANT SHALL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON THE BACK PORTION OF THE BLOCK; (5) SAID PLAN MUST RECEIVE LANDSCAPE PLAN APPROVAL BY THE PLANNING, BUILDING AND ZONING DEPARTMENT OF THE CITY OF MIAMI, FLORIDA; (6) ANY REQUEST FOR CHANGES TO THE HEREIN -REFERENCED PLAN FOR PARKING SPACES MUST BE PRESENTED AT A PUBLIC HEARING OF THE ZONING BOARD, SAID REQUEST FOR PUBLIC HEARING TO BE INITIATED AND PAID FOR BY THE APPLICANT; AND (7) A COVENANT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, WHEREBY THE APPLICANT AGREES THAT THE PROPERTY WILL BE SUBJECT TO THE HEREIN LISTED CONDITIONS, MUST BE FILED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID VARIANCE BEING ALSO CONDITIONED UPON THE APPLICANT POSTING A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCED. H I 1 ;,gr,,`NDED BY. CITY CC.slv5TISSION mrIP7,11,111'r-1 OF i AN Z4 1991 91 -- 92 RESOLLMOR He. WHEREAS, the Miami Zoning Board at its meeting of December 3, 1990, Item No. 2, duly adopted Resolution ZB 115-90 by a six to zero (6-0) vote granting a variance as hereinafter set forth; and WHEREAS, the Planning, Building and Zoning Department of the City of Miami has taken an appeal to the City Commission from the grant of the 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 grant of 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 Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements", and "Minimum Offstreet Parking Requirements," and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,025 square foot commercial building; providing zero (0) of 316 required offstreet parking spaces; zero (0) of three (3) required offstreet loading bays; 0' front setback (10' required); 0' side street yard (7.5' required); 8' side yard (42.9' required); 58%/31,639 square feet open space (64%/34,970.21 square feet required); 17%/9,200.43 square feet of pedestrian open space (21%/11,474.6 square feet - 2 - 91-- 92 required); and eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plat No. 1380 - "CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the following: (1) the 80 parking spaces (as indicated on plans on file dated November 7, 1990) must be provided on the back portion of the block (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy; (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to issuance of a building permit; (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney, must be filed in the Public Records of Dade County, Florida; said variance being also conditioned upon the applicant posting a performance bond or letter of credit in the amount of $250,000.00 M valid for a period of three years following the date of this Resolution to guarantee that the required parking will be provided and that the construction of the second phase of the applicant's project will be commenced. - 3 - 91-- 92 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of XAVIER L. SgAREZ, CITY CLERK PREPARED AND APPROVED BY: .,P" >', om-&� G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A C,\rN'r J GE L. RNANDEZ C Y ATTO EY GMM/rma/lb/M1974 , 1991. cc A. Quinn Jones, III, City Attorney C r ,-•� Matty Hirai, Nity Clerk Joseph W. McManus, Assistant Director v :,•��- Planning, Building & Zoning Guillermo E . Olmedillo, Deputy Directo) cle- ,'.`'! ( "' � Planning, Building & Zoning f - % "79 Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department G. Miriam Maer, Chief Asst. City Attorney Gary Brown, Esquire Mr. Isaac Shih CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Sergio Rodriguez Assistant City Manager 41_,,1,0r_ >" ,a� FROM Irma M. Abella Assistant City Attorney DATE January 14, 1992 FILE A,-91-73- SUBJECT Amendment to Chinatown Variance Resolution Nos. 91-92 and 91-77 REFERENCES ENCLOSURES As you well know, the Amendment to the Chinatown Variance granted by the City Commission on the above -referenced matter at its meeting of October 24, 1991, was conditioned upon the following: 1. That the City be provided assurances that, by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of $250,000; and ,� 2. That the applicant proffer a covena�it, in a form acceptable to the City Attorney, guaranteeing the occurrence of all other conditions enumerated in Resolution No. 91-92, as amended by Resolution No. 91-779, upon which this Variance is contingent. To this date, we have not received either ,(a) assurances that the City is guaranteed an equity in excess of $250,000 or (b) an executed covenant meeting the City Attorney's approval. Enclosed are copies of my letters to Gary Brown, attorney for the applicant, dated October 31, 1991 and December 13, 1991, and Mr. Brown's reply letters dated November 5, 1991 and December 26, 1991. I wish to remind you that, pursuant to Section 2105.2 of Ordinance 11000, the applicant has 180 days from the date this amendment to the Variance was granted, that is until April 21, 1992, to pull a building permit under Ordinance No. 9500. Any building permits pulled after said date will have to comply with the provisions of Ordinance No. 11000. Sergio Rodriguez January 14, 1992 Page 2 Please advise how you suggest we should proceed regarding this matter. IMA/lb/P726 cc: A. Quinn Jones, III, City Attorney Matty Hirai, City Clerk Joseph W. McManus, Assistant Director Planning, Building & Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Teresita Fernandez Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Assistant Director Public Works Department -1 G. Miriam Maer, Chief Asst. City Attorney Gary Brown, Esquire Mr. Isaac Shih err < v-i nrf ti F ``�� Ilr r' A. QL INN ►ONES, III (30S): S79.6700 City Attorney Telecopier: (305) 579-33" October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of October 24, 1991 Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of. mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of the $250,000 which had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. it is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/1100 Amerilirst Building/One Southeast Third Avenue/Miami, Florida 33131 Gary Brown, Esquire October 31, 1991 Page 2 If you have any questions, do not hesitate to call me. Sincerely, Irma M. Abella Assistant City Attorney IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih of �iztmt A. QUINN ]ONES, III City Attorney December 13, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: (305): 579-6700 Telecopier: (305) 579-33" By your letter of November 5, 1991 on the above -referenced matter, of which I enclose a copy, you advised me that you would provide us with the pertinent mortgagee estoppel letter and title insurance commitment within two weeks of said letter, that is, by November 19, 1991. As of this date, we have not received said documents, nor, for that matter, any of the documents made reference to in my letter to you dated October 31, 1991, of which I also enclose a copy. Please bear in mind that the Amendment to the variance granted by the City Commission at its meeting of October 24, 1991 OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 1 � i Gary Brown, Esquire December 13, 1991 Page 2 was conditioned upon our receipt of said documents. If you have any questions, do not hesitate to call me. Sincerely, G-- ,a4k Irma M. Abella Assistant City Attorney IMA/lb/P706 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih 1 LZ r1 _ Br%r)'1.c)�J, KoRN, KAN & GLASER, P.A. ATTOItNI':1'S A1' 1.AW • PENTHOUSE StWE _ 11077 BICCAYNE BOM EVAPO "'C-AE; BEO20W PO BOX 61.9002 -i GAP- A -.)RN M1Ari1, h'I.ultlnn :I:I101-I,uMI-1 A.,A% M . LASER GAP. — PMOWN RrSr -CA S WOHL ROPr sV' A STOK November 5, 1991 Irma M. Abella, Esq. Assistant City Attorney Office of the City Attorney City of Miami 1100 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 TELEPHONE 13051 895 2520 130S1 523 - 6001 (BROWARD) TELECOPIEP 130S1 999 - 1421 Re: Amendment to.Chinatown Variance, Resolution No. 91- 92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: I am in receipt of your correspondence of October 31, 1991. It is my understanding that Miami Chinese Community Center, Ltd. has delivered to Joel Maxwell of your office an original appraisal of the subject property. We will be providing your office with current estoppel letters from all mortgage holders evidencing the present outstanding principal balance on each of the mortgages, together with a Mortgagee Title Insurance Commitment. I would expect to have the mortgagee estoppel letters and title insurance commitment to you within the next two weeks. Thank you. 1 Ver ruly y ur-s /GARY L . BROWN For The Firm GLB/rr cc: Miami Chinese Community, Ltd. Attention: Mr. Isaac Shih wbr000535 N BED -,-ow, KORN, KAN & GLASr.K, P.A.. ATTORNEYS AT LAW PENTHOUSE SUITE 11077 BISCAYNE BOULEVARD MICHAEL BEDIOW PO BOX SI •9002 GARY A KORN MIAMI, FLORIDA 331GI-9002 TELEPHONE i3051 895.2520 ALAN J KAN (305) 523 • 600i (BROwARO) ALLAN M GLASER 'TELECOPIER 1305, 895•1a21 GARY L BROWN REBECCA S WOHL ALAN B SCHNEIDER December 26, 1991 Irma M. Abella, Esq. Assistant City Attorney City of Miami Office of the City Attorney Dupont Plaza Center, Suite 300 300 Biscayne Boulevard Way �; w Miami, Florida 33131 G Re: Amendment to Chinatown VariancefIQ __ w �� Resolution No. 91-92 -� r Your File No.: A-91-734 Our File No.: 1885-0 = -. Dear Ms. Abella: Thank you for your letter of December 13, 1991. Due to the year end crunch of title work, we do not yet have the Mortgagee Commitment. As soon as we have the Mortgagee Commitment, I will forward same together with mortgage estoppel letters to you for review and approval. Thank you. /rGARY my ou , BROWN For The Firm GLB/rr cc: Miami Chinese Community Center, Ltd. xbr000520 0 0 TO FROM . Matty Hirai City Clerk CITY OF MIAMI, FLORIDA INT�Rjqff ".:I fig:Y 23 P! 1: t;G DATE yif i l_ _! ($URJEC7 REFERENCES ENCLOSURES: May 22, 1991 FILE Resolution No. 91-92, adopted January 24, 1991 Chinatown We have recently been made aware that the time limitation for obtaining a building permit contained in Resolution No. 91-92, adopted January 24, 1991, referred to a date of March 2, 1991, this date being the deadline imposed by the Zoning Board in its action of December 3, 1990. This reference is incorrect and its presence is an obvious scrivener's error because of the controlling provisions of Ordinance No. 9500 which provide for the obtaining of a building permit within 90 days from the date of City Commission action. The computation of calendar dates from January 24, 1991 clearly establishes that the correct calendar date of April 24, 1991 is the date within which a building permit must have been obtained. Accordingly, in view of the statement in the transcript of January 24, 1991 by the Applicant's representative reflecting the correct computation of the deadline date, there is no need to adopt corrective or curative legislation. Moreover, due to the passage of time there is no significance that attaches to the incorrect reference. You may wish to keep this memorandum on file in your office together with other back-up material you have in your custody regarding this Item. JLF:gb:Pl40 cc: G. Miriam Maer, Chief Assistant City Attorney Irma M. Abella, Assistant City Attorney Sergio Rodriguez, Director Department of Planning, Building and Zoning Attn: Guillermo Olmedillo, Deputy Director Department of Planning, Building and Zoning a. -q;� cc: A. Quinn Jones, III �.., City Attori"'V,() Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director G j Zr Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning ' i T r' I .- ; Fl Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih l cc: A. Quinn Jones, III City Attori'-4� Matty Hirai, City Clerk 6 r .. .. Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning "T Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih �_— -- - --- --- ---.--W--m-- -- -- - _—._ _... _ - - -- -RW .t i t of 4ftianti A. QUINN JONES, III City .Attorney December 13, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatmaw Variance Resolution No - Our File No. A-91-734 Dear Mr. Brown: (305): 579-6700 Telecopier: (305) 579-3399 By your letter of November 5, 1991 on the above -referenced matter, of which I enclose a copy, you advised me that you would provide us with the pertinent mortgagee estoppel letter and title insurance commitment within two weeks of said letter, that is, by November 19, 1991. As of this date, we have not received said documents, nor, for that matter, any of the documents made reference to in my letter to you dated October 31, 1991, of which I also enclose a copy. Please bear in mind that the Amendment to the variance granted by the City Commission at its meeting of October 24, 1991 OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 33131 Gary Brown, Esquire 4 f December 13, 1991 Page 2 was conditioned upon our receipt of said documents. If you have a any questions, do not hesitate to call me. Sincerely, (;�C- Irma M. Abella Assistant City Attorney IMA/lb/P706 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih of tautt A. QUINN )ONES, III .� City Attorney October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of October 24, 1991 Resolution No. 91-92 Our File No. A-91-734 Dear Mr. Brown: (305): 579.6700 Telecopier: (305) 579-3399 With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of. mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of the $250,000 which. had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. It is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 } Gary Brown, Esquire October 31, 1991 Page 2 If you have any questions, do not hesitate to call me. Sincerely, Irma M. Abella Assistant City Attorney IMA/lb/P662 ' cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih K01?N, KAN & GTLASE1~t, P.A. ` A'I" ro u N I -A S Al' I. A h' PENTHCA)SF Still 11077 BISL-AYNE B011l EVARD M'Cr'AEL BEOZOW PO BOX 61-9002 GAR. A hGRN MIAMI, FIAMIDA ;f:nul-uuFii AL,AN J A/kN ALLAN M GLASER GAP,- RiZOWN REBECCh 5 WOML ROLRF 1.' A STOK November 5, 1991 Irma M. Abella, Esq. Assistant City Attorney Office of the City Attorney City of Miami 1100 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 TELEPHONE (305) 895-2520 13051 523 - 6001 (E3ROWARO) TELECOPIER (305) 695.1421 Re: Amendment to.Chinatown Variance, Resolution No. 91- 92 Your File No.: A-91-734 Our File No.: 1885-0 Dear Ms. Abella: I am in receipt of your correspondence of October 31, 1991. It is my understanding that Miami Chinese Community Center, Ltd. has delivered to Joel Maxwell of your office an original appraisal of the subject property. We will be providing your office with current estoppel letters from all mortgage holders evidencing the present outstanding principal balance on each of the mortgages, together with a Mortgagee Title Insurance Commitment. I would expect to have the mortgagee estoppel letters and title insurance commitment to you within the next two weeks. Thank you. , 1 Verruly y ur-s,� /GARY L . BROWN For The Firm GLB/rr cc: Miami Chinese Community, Ltd. Attention: Mr. Isaac Shih wbr000535 Clit#j .af t�xxrrt A. QUINN )ONES, III .+, City Attorney October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of October 24, 1991 Resolution No. Our File No. A-91-734 Dear Mr. Brown: (305): 579-6700 Telecopier: (305) 579-3399 With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of the $250,000 which had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. It is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 (Ilttv of �iantt A. QUINN )ONES, III City Attorney October 31, 1991 Gary Brown, Esquire Bedzow, Korn, Kan & Glaser, P.A. 11077 Biscayne Boulevard Penthouse Suite P.O. Box 61-9002 Miami, Florida 33161-9002 Re: Amendment to Chinatown Variance Item No. PZ-12, City Commission Meeting of Octobe 24, 1991 Resolution No. Our File No. A-91-734 Dear Mr. Brown: (305) : 579-6700 Telecopier: (305) 579-3399 With regard to the Amendment to the Chinatown Variance granted by the City Commission at its meeting of October 24, 1991, said amendment was conditioned upon the following: that the City Administration and the City Attorney's Office guarantee to the City Commission that, by being placed in a position of mortgagee with respect to both the Biscayne Boulevard Property and the Northeast 4th Avenue Property, the City is guaranteed an equity in excess of the $250,000 which had originally been required in the form of a performance bond or a letter of credit. We look to you to provide such assurances so that we may guarantee this to the City Commission. It is also a condition of the variance that you provide us with an executed covenant, as per the terms stated in my letter to you dated October 22, 1991, with the exception that the requirement that all mortgagees join in the covenant, which requirement, as you know, was waived by the City Commission. OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131 r Gary Brown, Esquire October 31, 1991 Page 2 If you have any questions, do not hesitate to call me. Sincerely, r Irma M. Abella Assistant City Attorney IMA/lb/P662 cc: A. Quinn Jones, III City Attorney Matty Hirai, City Clerk Sergio Rodriguez, Assistant City Manager Joseph W. McManus, Asst. Director Planning, Building and Zoning Guillermo E. Olmedillo, Deputy Director Planning, Building & Zoning Gloria Fox Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning James J. Kay, Asst. Director Public Works Department G. Miriam Maer Chief Assistant City Attorney Joel E. Maxwell Chief Assistant City Attorney Mr. Isaac Shih 0 PZm38 ZONING FACT SHEET LOCATION/LEGAL 1801-1859 Biscayne Blvd. Tract A Tentative Plat #1380-"CHINATOWN" APPLICANT/OWNER Isaac Shih 330 NE 18 Street Miami, FL Phone 372-5209 ZONING RG-3/7 General Residential. REQUEST Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami,, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements" and "Minimum Offstreet Parking Requirements", and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4 to allow/the construction of a 700025 sq. ft. commercial building on above site, as per plans on file, providing 0 of 316 required offstreet parking spaces, 0 of 3 required offstreet loading bays, 0' front setback (10' required); 0' side street yard (7.5 required) 8' side yard (42.9' required); 589 - 31,639 sq. ft. open space (649 - 34,970.21 sq. ft. required); 17% - 9,200.43 sq. ft. of pedestrian open space (21% - 11,474.6 sq. ft. required); and no provision of required vision clearance at the _intersection of Biscayne Blvd. and NE 18 Street. 91- 92 0 RECOMMENDATION PLANNING DEPARTMENT DENIAL. There is no hardship to justify the requested variances. No special conditions and circumstances exist which are peculiar to the land or building involved and which are not applicable to other lands in the same zoning district. The alleged economic hardship is not acceptable. The statement made by the applicant that parking, not feasible on site, will be provided off -site within 600' and at meters, is not acceptable either. Existing on -street parking is not sufficient to pick up spill -over parking and should not be considered to satisfy the Ordinance requirements. The special conditions and circumstances are a direct result from the actions of the petitioner. Granting the variances requested will confer on the petitioner a special privilege that is denied by the Zoning Ordinance to other lands in the same zoning district. The grant of these variances will not be in harmony with the general intent and purpose of the Zoning Ordinance 9500. PUBLIC WORKS No comment. DADE COUNTY TRAFFIC AND TRANSPORTATION 1. Construction within state right of way F.D.O.T. a permit is required. 2. For traffic signal conflicts contact Dade County Public Works Department Highway Division. ZONING BOARD At its meeting of December 3, 1990, the Zoning Board adopted Resolution ZB 115-90, granting until lurch 2, 1991, with conditions, by a vote of 8-0. Eight PROPONENTS were present at the meeting. One reply AGAINST, and one reply in FAVOR was received by mall 91 — 92 ANALYSIS Y H2 H18 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 9500 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 iniurious to the neighborhood, or otherwise detrimental to the public welfare. 91-- 92, m- Ile f--v I Plo IliWA W- ?1� KE 22-6610. Mil- NOVIE 4 1` w JiRG LiLF, 4 TRAC,)._ w 11� J .,,,A PARCILL is- -zRG 317 ST C14 N. f 4. 2 3 J J . so es�sua ul 7 RY HC-1 �A N. 19 ST 6 cti PR N. Ic ST tl 3 111 NI Lai Let NE — HIC-11 it'll Sc 'S., 4p. CRD-1/9 w "W.&TT SPX-6,0�,U PLAZA a VENWET 1, 1 PHASE SPIN T T A- s IW= AdPN 11 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE January 7, 1991 FILE of the ity Commission SUBJECT Appeal of Grant of Variances: Chinatown Project; 1801-59 Biscayne Boulevard FROM REFERENCES' Cesar H. Odio City Manager ENCLOSURES. BACKGROUND During discussion of Item CA-2; October 25, 1990, the Commission, by Motion 90-822, moved to defer accepting the "Chinatown" plat (tentative plat #1380) until such time as the developer's request for a parking variance was decided. However, Sergio Rodriguez, Assistant City Manager and speaking for the Administration, gave assurances to the Commission that before any variances were granted for the project, they would be brought before the Commission. Later, by Resolution 90-826, the Commission decided to accept the plat. ZONING BOARD GRANT OF VARIANCES On December 8, 1990, in public hearing after considering the Planning recommendation for denial, the Zoning Board, by Resolution ZB 115-90, granted the following variances by a vote of 7-0: Grant of variances from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements" and "Minimum Offstreet Parking Requirements", and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4 to allow the construction of a 70,025 sq. ft. commercial building on the site, zoned RG-3/7 General Residential, as per plans on file, providing: a) 0 of 316 required offstreet parking spaces; b 0 of 3 required offstreet loading bays; c 0' front setback (10' required); d 0' side street yard (1.5 required); e) 8' side yard (42.9' required); f 58% - 31,639 sq. ft. open space (64% - 34,970.21 sq. ft. required); g) 17% - 9,200.43 sq. ft. of pedestrian open space (214 - 11,474.6 sq. ft. required); and h) providing no required vision clearance at the intersection of Biscayne Blvd. and N.E. 18 Street. Page 1of3 r-1 and subject to the following conditions: - a building permit must be obtained by March 2, 1991; - this grant of variance is based on plans on file dated November 7, 1990; which show 80 parking spaces on the back portion of the block, to be provided at time of issuance of certificate of occupancy; said plans being subject to landscape plan approval; - unity of title for Tract A is required before issuance of a building permit; - parking spaces per plans dated November 7, 1990; - in the event that the applicant provides the 80 parking spaces at another location in accordance with City Code and regulations, then the applicant will be exempt from the requirement that these spaces be provided on the back portion, as per parking plans dated November 7, 1990; and - any changes to the above referenced plans for parking spaces dated November 7, 1990, are to be brought back to the Zoning Board in public hearing, and said application for public hearing to be initiated and paid for by the applicant. APPEAL OF ZONING BOARD ACTION Pursuant to Article 32, Zoning Ordinance 9500, the Planning, Building and Zoning Department has appealed the decision of the Zoning Board on December 8, 1990 and requests that the City Commission review Resolution ZB 115-90 by which the Zoning Board granted eight variances, with conditions, for the Chinatown Project (See map attached). This appeal is based on the following contentions: 1. Parking Spaces The conditions attached to the grant of eight variances do not satisfactorily mitigate the lack of required parking spaces. Conditioning the grant of variances on the temporary location of 80 spaces on the back portion of the block still leaves a required off- street parking deficit of 236 spaces (316 spaces required). These 236 cars will park in curb parking spaces in the area impacting the neighborhood. Following initial development of the 70,000 square foot commercial structure, the developer will again be able to seek a variance for parking before developing the back half of the block. Page 2 of 3 91- 92 7 2. Loading Bays To construct a 70,000 square foot commercial structure without providing the required truck loading bays on site, will force commercial vehicles making deliveries and picking up supplies to an off -site location. These trucks and vans will impact on parking spaces. This appeal is tentatively scheduled on the City Commission Planning and Zoning agenda of January 24, 1991. Attachment Page 3 of 3 91 — 92 8 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Gloria Fox, Chief J1earing Boards Office Planning, Building & Zoning FROM Guill o to Deput Director Planning, Building & Zoning APPEAL DATE December 1; 199U; F"E 137 Department SUBJECT Appeal of Grant of Variances: Chinatown Project, 1801-59 Biscayne Boulevard REFERENCES Agenda Item, City Commission ENCLOSURES. Meeting of January 24, 1990 Department Pursuant to Article 32, Zoning Ordinance 9500, the Planning, Building and Zoning Department wishes to appeal the decision of the Zoning Board on December 8, 1990 and requests that the City Commission review Resolution ZB 115-90 by which the Zoning Board granted eight variances, with conditions, for the Chinatown Project (See map attached). This appeal is based on the following contentions: 1. Parking Spaces The conditions attached to the grant of eight variances do not satisfactorily mitigate the lack of required parking spaces. Conditioning the grant of variances on the temporary location of 80 spaces on the back portion of the block still leaves a required off- street parking deficit of 236 spaces (316 spaces required). These 236 cars will park in curb parking spaces in the area impacting the neighborhood. Following initial development of the 70,000 square foot commercial structure, the developer will again be able to seek a variance for parking before developing the back half of the block. 2. Loading BavS To construct a 70,000 square foot commercial structure without providing the required truck loading bays on site, will force commercial vehicles making deliveries and picking up supplies to an off -site location. These trucks and vans will impact on parking spaces. 91 92 9 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM At�e�e Cesar H. Odio City Manager DATE Decemb@1'` '1L� AWL' FILE SUBJECT Request to Appeal Grant of Variances: Chinatown Project, 1801-59 Biscayne Boulevard REFERENCES ENCLOSURES: If the Commission wishes the Administration to appeal the variances granted by the Zoning Board on December 3, 1990 pertaining to the Chinatown Project (see attached map), then please inform Sergio Rodriguez, Assistant City Manager, immediately but no later then close of business. Monday. December 17. 1990. BACKGROUND During discussion of Item CA-2; October 25, 1990, the Commission, by Motion 90-822, moved to defer accepting the "Chinatown" plat (tentative plat #1380) until such time as the developer's request for a parking variance was decided. Later, by Resolution 90-826, the Commission decided to accept the plat. However, Sergio Rodriguez, Assistant City Manager and speaking for the Administration, gave assurances to the Commission that before any variances were gr,,nted for the project, they would be brought before the Commission. On December 8, 1990, in public hearing after considering the Planning recommendation for denial, the Zoning Board, by Resolution ZB 115-90, granted the following variances by a vote of 7-0: Grant of variances from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 4 of 6, "Minimum Open Space Requirements" and "Minimum Offstreet Parking Requirements", and Article 20, Section 2008, Subsection 2008.9.2.1, Section 2013 and Section 2023, Subsection 2023.4 to allow the construction of a 70,025 sq. ft. commercial building on the site, zoned RG-3/7 General Residential, as per plans on file, providing: a) 0 of 316 required offstreet parking spaces; b 0 of 3 required offstreet loading bays; c) 0' front setback (10' required); d) 0' side street yard (7.5 required); e 8' side yard (42.9' required); f) 58% - 31,639 sq. ft. open space (64% - 34,970.21 sq. ft. required); g) 17% - 9,200.43 sq. ft. of pedestrian open space (21% - 11,474.6 sq. ft. required); and h) providing no required vision clearance at the intersection of Biscayne Blvd. and N.E. 18*Street. Page 1 of 2 Honorable Mayor and Members of the City Commission and subject to the following conditions: - a building permit must be obtained by March 2, 1991; - this grant of variance is based on plans on file dated November 7, 1990; which show 80 parking spaces on the back portion of the block; - unity of title for Tract A is required before issuance of a building permit; - parking spaces as per plans dated November 7, 1990, are to be provided at time of issuance of certificate of occupancy; said plans being subject to landscape plan approval; - any changes to the above referenced plans for parking spaces dated November 7, 1990, are to be brought back to the Zoning Board in public hearing, said application for public hearing to be initiated and paid for by the applicant; and - in the event that the applicant provides the 80 parking spaces at a location in accordance with City Code and regulations, then the applicant will be exempt from the requirement that these spaces be provided on the back portion, as per parking plans dated November 1, 1990. Attachment cc: Luis A. Prieto-Portar, Director Department of Public Works Aurelio Perez-Lugones Legislative Administrator Gloria Fox, Chief ✓ Hearing Boards Office Planning, Building & Zoning Department Page 2 of 2 91-- J 2 // RY icaul ]irl 11� 7tl� !7E Obi � noso,low d� hE + -44 +w+ " (e S T'dNE' •a+ .• M I . "? I�► L SPIdD6 Z y 92 /OIOZ I I PETITION FOR VARIANCE File Number V-83. A variance is rel=ation of the terms of the ordinance whare aucb action wal not be coal my to the pubitc interest and where, owing to conditUm pectr[iar to the Property.)rat not the rudt of actions of the appticant; . literal aWarcement of thtt. was -w&Ad respit, in unnecessary, and tm-*uhardship on the property. As asedin this: ardi t� a variance is =Wwrtsed. only for ham+ � size of dimanatons- . o f yjardr arid- other open.- sp i and of fstreet par+ ng- or ioadMp reRrdrsments-.Meettan 1I01) I hereby petition the- City of Miami Zoning- 800ra or a variance turn the terms o "Zoning Ordinance- of the* City of Miami; affecting property located at 1801-59 Biscayne Blvd. Miarnir as specified below. In support of this application, the following material is submitted with this appiicatim- I. Two copies of a survey of the property prepared by a State of Florida Registered. Larid-Survewi - X 2. Four copies oft the site plan showing (as required) propw i y boundaries, existkg Of any) and proposed situctore4 parkir9s I - - '*�Ph - Wi @-building elarotlona- and c0nu adorn and amputations of lot area (gross tsnd net), buiWUV spacing, LLA ratios, and. height envelope. _ 3. Affidavits disclosing ownership of property covered by appUeation and disclosure of interest form (Forms 4-83 and 4aM, attach to application). 4. Certified list of owners of real esiare within 37S" radius fror n the outside boundaries of property covered by this application. (Form 6.83 and attach to application.) S. At least two photographs that show the entire property (land ar.J Improvernents). 6. Other (Specify) 7. Fee of $to apply toward the cost of processing, based of the followings (a) RS, RC-1 (residential uses) $ 200. 0 0 (b) For penetration of Plane III by antennas and the like $ 500. 0 0 (c) All other applications for each request vcrionce $0.0 7 per sq.f t. of floor area of building(s) from the ordinance minimum - $550.00 (d) Surcharge equai to applicable fee from (a)-W above, not to exceed $550.04 to to refunded if there is no appeal. (City Code - Section 62-61) !4's' 8. VARIANCES Required Proposed 1. Open Space Ratio 34.970.21sf (.64) 31,639sf (.58) Sched. of DR, pg 3 of 6 2. Ped. Open Space Ratio 11, 474.6 sf (.'21) 9 , 200.43sf (.17) Sched. of DR,pg 3 of 6 (.28 x .75 x GLA) 3fq Yards: . Front 10' 0 . Side St 7.5 00 Schedule of DR, pg 4 of 6 ,�. Building Spacing 42.9' 8' Sched. of DR, pg 4 of 6 Art. 20, Sec. 2013 l �r. Off Street Parking 316 Sp 0' On -site Sched. of DR., pg 3 of 6 Art. 20, Sec. 201782019 �. Off Street Loading 3 Sp 0' On -site Art. 209 Sec. 2023 V I S/• N C/- -q r at / oi4nA..t e4 i n. O �.PEt8 J# :64,61 Zo Se.. t oO rr, 3.00 $.'?. , .1 NOTESt 1133 off -site on separate site within 600, plus additional at meters 23 on adjoining property to east 9• (a) The subject property, running north -south along the east side of Biscayne Blvd., is a narrow site east -west. Sidewalk on the Boulevard side is 18' in depth, with 111 on NE 18 St. and 17' on NE 19 St. Curbside parking is ample in the area. The lot, as it exists, is of insufficient depth to permit development of reasonable size without relief from requirements of yards, open space and on -site parking. Existing development in the area, and on site, has been without benefit of yards/set- backs. Generally, sidewalks in other areas are of lesser depth and an additional street setback provides for a feeling of greater openness. The width of the sidewalks adjoining the subject property afford that feeling of space without need for addi- tional setback. The building, as proposed, would follow existing setback pattern on site and for the area. Parking, not feasible on site, will be provided off -site within 600' and at meters as has been done for other previous develop- ment in the past within this district. Off-street loading will be provided on the adjoining site which is also proposed for near future development which, when completed, accommodate parking for the subject development. (b) Property size is existing with a narrow east -west dimension, with large rights -of -way on three sides (Biscayne Boulevard - 1001, NE 18 St - 80' and NE 19 St - 75'), a 10' alley along the east side and with wide sidewalks - 18' on Biscayne Boulevard, 17' on NE 19 St. and 11' on NE 18 St. (c) Other CR-3 properties are generally of greater depth thereby and surrounding open space is usually of lesser dimension. The greater depth affords opportunity for development in a princi- pal structure with accessory parking structure or with parking incorporated into the principal structure. The subject site's narrow east -west dimension is not adequate for development of a workable parking structure. To provide ample on -site surface parking would greatly and unduly restrict the capability for any feasible development and would be an aesthetic disaster. (d) Other properties in would be faced with existing condition development without in the district and which the proposed the same, or other commercial districts, the same problems as is this one if the of the site is such so as to preclude feasible seeking the same relief. Existing development in the area has established a pattern with subject development will be compatible. J s- (e) Because of the narrow east -west dimension, together with require- ments of additional 10' front, 7.5' side street and a 40, - 42' building spacing requirement at the east and with certain dimen- sions prerequisite for any feasible structure parking development, there can be no reasonable use of the property without the re- quested variances. (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, ". . . creaste a . . . favorable environment in which to rear children; to stabilize and enhance property and civic values= to aid in development and redevelopment of the city; to . . . protect and safeguard the eocnomic and social structure upon which the good of all depends." We can see, from the general state of the Biscayne Boulevard area, that without this stimulation of the economy and without the encouragement of quality development and feasible redevelop- ment such as the subject proposal will provide, communities stagnate and deteriorate and all of the other purposes of Plans and Ordinances cannot be realized. Granting the requested variances will make the development of the subject property possible. It, together with the prcposed development of the adjoining property to the east in the near future, should be, in concert with the other upcoming area stimulants, be an impetous for a revitalization of the Boulevard and its environs. Rather than a detriment, this proposal will be a benefit to the neighborhood and to the community. t 8. The Variance requested is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follows: ,S e- A-Ir.4c,#ex.) 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 cannot be accepted for Zoning Board action unless all of the following 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 buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) 2 e-F A4 TA44 t A (b) The special conditions and circumstances do not result from the actions of the petitioner in that: . S e-W- Art -A"" (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the terns of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: S'ev- 417 (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': -?6-e A-rT . (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: (f) The grant of the variance- will be in harmony with the general intent anc purpose• of the Zoning Ordinance, and will not be-iniuriaa to the neior otherwise detrimental to the publie welfare. S A-T Note: All doewnents, reports, stages eshibits or other written or graphicmaterial to bi submitted to the Zoning Board Vu dL be aibmittsd with this � Si0atuce ar Aut am Agent Nate. Isaac Shih STATE OF FLORIDA) SS: COUNTY OF DADE Isaac Shih baling duly swam, dspoers. or says that he is the (Owner) (Auttwized Agent of of the rent property duarte 4 answer to question 01, above; thnt he has read the foregoing answers and that the same a true and complete; and Of acting as agent for owner) that he has authority to exectne th petition an behalf of the owner. >l - (SEAL amen SWORN TO ANO SUBSCRIBED before me thEk Zo Ag- day of tory ubilc, State of EArtoa at Large MY COMMISSION EXPIRES: NOTARY My PUNLIC. STATE p► FICRIDAi r NOio rMRsu MoNAerPiuiuc uNDi12f, 1 Sly. Form i -83 i AFFIDAVIT STATE OF FLORIDA) SS. COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared Isaac Shih , who being by ire first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change ,)r modification 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 names, mailing addresses, phone ranbers and legal descriptions for the real property which ne is the owner or legal representative. 4. The facts -as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. - (SEAL) (Name) Sworn to and Subscribed before me thisday of 7-7- Notary Public, Stat Florida at Large My C wd ssion Expires: 4(4lARY PUBLIC. STATE OF FLORipIs, My •4so TCOMy11AW "GrA^V PU86AG 1+N g"W11 TW& I 91--; 92 OWNER'S LIST Owner's game Isaac Shih Mailing Address 3,30 NF_18 St Telephone Number 372- 5209 Legal Description: Tract A "Chinatown" (TP#1380) Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Street Address IP'1�''�b 3 t NE 4 Ave Miami, F1 Street Address Legal Description Legal Description 2._6,_.7 -_10. 11 & 12 M Legal Description 91-- 92 421 DISCLOSUE OF GWNMHIP I. Legal description and street address of subject real property: 1801-59 Biscayne Boulevard; Miami, Fl Tr A "Chinatown" (TP#1380) 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties Faving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Miami Chinese Community Center Ltd - 100% Isaac Shih, General Partner - 100% (No other officers in this organization) 33f NE 18 St., Ste 2; Miami, F1 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. Lots 2, 6, 7, 10, 11 & 12; Block 6, Miramar (5/4) NE 4 Ave . ; Miami, F1 3 3 1 K)OWNER OR ATTOENEY FOR OWNER Isaac Shih, General Partner STATE OF FIRMA ) SS: COLW1 Y OF DADE ) Isaac Shih, General Partner of Owner , being duly sworn, deposes and says that he is the or Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership Eons, on behalf of the owner. L=�� (SEAL) ame SWWW 70 AMID SUbSCBED before me this Ai-` 910 . day of , tart' Publict toe Of Florida at Large MY COMMISSION EUIRES: 91 — 92 hOTARY PUBLIC. STATE OF FLORIDA. "CUh1MISSION EXP;RES: SEPT. 26, 199$. AONO(..P fnelN hOTAFT PS.p�.G JhO�N.YRiTk//� a2:2, STATE OF FMRIDA ) SS: COUKY OF DADE ) Isaac Shih , being duly sworn, deposes and says that he is the duly appointed MIMI Partner of , the owner of the real property de—sc—rl"M in answer to question ti, vet that he has read the foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship form on behalf bf the owner. SMM M AND SUBSCRIBED before we this A day of , S . Notary Public,, Stat Florida at Large MY COMMISSICN EXPIRES: VOTARY PUSt1C,:TATt Of FORUM. ..>.AMIssIGN t7IPIR1:1 s:tT. A$, 1993. ?Kft% NOTARY PYDLIC YNOSSWRITZRL Wwpc/ab/G25 91- 92