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HomeMy WebLinkAboutR-91-0249a J-91-313 3/28/91 RESOLUTION NO. 9 1 `" 249 A RESOLUTION REAPPROVING THE SPECIAL EXCEPTION GRANTED BY RESOLUTION NO. 89-414, ADOPTED APRIL 27, 1989, FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2, TO PERMIT THE EXISTING OFFSITE PARKING FOR THE PARKING OF PRIVATE PASSENGER VEHICLES ONLY FOR THE PROPERTY LOCATED AT 1681 SOUTHWEST 23RD STREET (MORE PARTICULARLY DESCRIBED HEREIN) IN CONJUNCTION WITH EL MILAGRO MARKET, LOCATED AT 2289 SOUTHWEST 17TH AVENUE; ZONED RG-1/3 GENERAL RESIDENTIAL (ONE -AND TWO-FAMILY), SAID REAPPROVAL BEING SUBJECT TO APPLICANT'S CONTINUING COMPLIANCE WITH THE CONDITIONS SPECIFIED IN SECTION 2 OF RESOLUTION NO. 89- 414; AND FURTHER SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS: (A) AN EXECUTED COVENANT SHALL BE RECORDED, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, REQUIRING THAT THE $3,000 BALANCE OF THE $5,000 CONTRIBUTION BY APPLICANT, MS. JOAQUINA CONCEPCION, BE PAID AT THE RATE OF $1,000 PER YEAR AS SET FORTH HEREIN; (B) THAT AT ANY TIME APPLICANT IS DELINQUENT IN MAKING A PAYMENT: (1) THE SPECIAL EXCEPTION SHALL BE BROUGHT BACK TO THIS COMMISSION FOR REVIEW TO ASSURE CONTINUING COMPLIANCE WITH ALL OF THE CONDITIONS SET FORTH HEREIN AND AS SET FORTH IN RESOLUTION NO. 89-414, (2) THE ENTIRE BALANCE OF THE PAYMENTS SHALL ACCELERATE AND BECOME DUE AND OWING AS OF THE DUE DATE OF THE DELINQUENT PAYMENT; AND (C) THE APPOINTMENT OF COMMISSIONER MILLER J. DAWKINS AS A COMMITTEE OF ONE TO INSPECT THE EXISTING VIOLATIONS SET FORTH IN THE ;. INSPECTION REPORT DATED MARCH 151 1991 AND PRESENTED AT THE CITY COMMISSION MEETING THIS DATE. WHER9AS, in conformance with said requirement, the City Administration has brought the matter back to the City Commission for its review) and WHSRHAS, the City Commission, after careful consideration of this matter and review of the inspection Report of existing violations on the property dated March 15, 1991 and after hearing the report from City staff that the required payments to the City of Miami had been made in less than a timely fashion; (only $200 having been paid prior to applicant's receipt of notice that this review was scheduled for this City Commission meeting, whereupon the applicant paid an additional $1,800 to the City); 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 Special Exception granted by Resolution No. 89-414, adopted April 27, 1989, from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section ,2018, Subsection 2018.2, to permit the existing offsite parking for the parking of private passenger vehicles only for the property located at 1681 Southwest 23rd Street, also described as Lot 4, Block 2, WOODSIDE, according to the plat thereof, as recorded in Plat Book 5, at Page 28, of the Public Records of Dade County, Florida, in conjunction with El Milagro Market, located at 2289 Southwest 17th Avenue, zoned RG-1/3 Y General Residential (one --and two-family), is hereby reapproved, said `reapproval being subject to applicant's continuing - compliance with the conditions specified in Section 2 of Resolution No. 89-414; and further subject to the following additional' conditions: (A) an executed covenant shall be recorded, subject to the approval of the City Attorney, requiring the $3,000 balance of the $5,000 contribution by applicant, Ms. aoaquina Concepcion, to be paid at the rate of $1,000 per yea x 291 ' s pursuant to the following payment schedule: $1,000 shall be due and owing on April 26, 1992; $1,000 shall be due and owing on April 26, 1993; and $1,000 shall be due and owing on April 26, 1994; (B) that at any time applicant is delinquent in making a payment: (1) the Special Exception shall be brought back to this Commission for review to assure continuing compliance with all of the conditions set forth herein and in Resolution No. 89-414, and (2) the entire balance of the obligation shall accelerate and become due and owing as of the due date of the delinquent payment; and (C) Commissioner Miller J. Dawkins being hereby appointed as a Committee of One to inspect the violations set forth in the inspection report dated March 15, 1991 and presented at the City Commission meeting this date. Section 3. This Resolution shall become effective immediately upon its adoption. i PASSED AND ADOPTED this 28th day of March , 1991. XAVIER L. UAREZ, MAYOR ATTE TY HIRAI CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: RGE L. R CITY ATTO E GMM; ra: M2139 3 .. PZ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM "' Honorable Xavier L. Suarez DATE : March 6, 1991 FILE Mayor SUBJECT E1 Mi l agro Market 1681 SW 23rd Street/ 2289-93 SW 17th Avenue MOM: REFERE14CES : n Ce a Odio 021391/LEW City Manager ENCLOSURES: In further response to your request pertaining to the -above -referenced item, dated February 13, 1991, the attached memorandum and attachments direct a public hearing for the City Commission Planning and Zoning -agenda of March 28, 1991. Attachments cc:,. Planning.& toning Division Planning, Building & Zoning Department 11 T, Gloria Fox, Chief DATL . March 6, 1991 Fd,. Nearing Boards Office - Planning, Building & Zoning Department One Year Review: Lj E1 Milagro Market // 1 �A1 CW 92re� Ct root / 2289-93 SW 17th Avenue FIWIA Se odri guez 11EFEHE14CES . SERGIO RODRIGUEZ � Dirlttor � \o »...�►�� ,► K s��GO flOp�O Mr, Albert Cardenas March 8, 1990 I trust that you will maintain your interest in these development issues. S . ere, y,, Sergio Ro riguez, Di ector,,/ SR/jw jw/90:002c cc Carlos Garcia, Director -. Finance Department - Attn: Philip Luney Treasury Management ;Dianne'Johnson, Assistant -to -the Director Parks,,Recreation and Public Facilities Department Edith;Fuentes, Director Building: and,Zoning Department Attn Santiago -Jorge -Ventura, Building Official Attn: Joe'Genuardi, Zoning Administrator 4: 4 r e x 3 Y Pago Z of 2 i��ryrys r• f+ .a 5��i`Y�fi� /q �'],# ` a } • "� ; S'. a tm? } S � I City of Miami " MISCELLANEOUS INVOICE iNSTRUCTIONS. 1. Make check' payable to City of Miami. 2. Include remittance copy of invoice with payment for proper credit. 3. Mail to City of Miami. Treasury Management. P.O. Box 33909S. Miami. FL 33233.909E . Depart in ` — .:... • ' ' -: , ::%arks,'. *' i eation . & Publ t c Fac. Division: Project No: Ila3J3 Albert Cardenas, Esq..` ' 9 9 No.1103 P-: Greenberg;-Traurig;..et.al. 1221 Srickell Avenue Miami, FL 33131 Date: 3/8/90 LINE . TRANS DESCRIPTION SUBSIDIARY INDEX OBJ ' AMOUNT' NO. 'CODE - ACCOUNT CODE CODE 153 El 14flagro 120.160328 000010 £35 For deye l`opttent of park at I Golden Arm . SW, 21St Avenue/ 24L.h Terrace (future payt3eats: _ S10W a year tor, the 'Rent ' four `years? `TOTAL S VX)o.t?Q C. FIOAD'ti01 "Rev: 9/88 Distribution: Mail White and glue copies to. customer. Forward Green. Canary and Pink copies r to Finance - ._�.- .' .;-.:. .. �wvrr.•�n.xp r.w.�r.... wv.vo...w rrr� ISSWINGr DEPARTMENT t z �n Mayor .Suarez: We have a standard response to anybody who says they violate the law and that Says that we're going to hr:e to implement the law and... Mr. Rois: See, the question, what I was... Mayor Suarezt No, no, that's it. Please, that's it.' Mr, Rois: All right, thank you very much. Mayor Suarez: Thank you, Don't violate the law, we'll try to adjust the law to your needs and those of every community in Miami. Mayor Suarez: Do we need a vote on PZ-13? Joel Maxwell, Esq.% You've already taken a vote on that. -- -- --- - --- ----- ---- -- ----------- 55. A. GRANT REQUEST BY APPLICANT (Joaquin& Concepcion) FOR SPECIAL EXCEPTION TO PERMIT EXISTING OFFSITE PARKING IN CONJUNCTION WITH EL Y.ILAGRO MARKET AT 2289 S.W. 17TH AVENUE AND APPROXIMATELY 1681 S.W. 23RD STREET. B. GRANT REQUEST BY APPLICANT (Joaquina Concepcion) FOR SPECIAL EXCEPTION TO ALLOW AN EXISTING 1 PERCENT INCREASE TO A LEGAL NON- CONFORMING USE (GROCERY STORE) AT 2289.93 S.W. 17TH AVENUE AND APPROXIMATELY 1681 S.W. 23RD STREET. C. PERMIT VARIANCE TO ALLOW EXISTING OFFSITE PARKING LOT AT 2289-93 S.W. 17TH AVENUE AND APPROXIMATELY 1681 S.W. 23RD STREET. -------------------------- Mayor Suarez: PZ-15. N.r. Olmedillo: Fifteen, 16 and 17 are related items. This is for property located on 2289 SW 17th Avenue known as E1 Milagro Supermarket. The applicant z r originally applied for a special exception to allow an .existing off -site K A, parking, a special exception to allow an increase in the square footage of the market and a variance to allow a setback reduction from 15 feet to five feet. I'd like to show you in the transparency a little bit of the history of this case. Originally, the applicant obtained through a public hearing for the Zoning Board permits:to build an addition... this being 17th Avenue, and this `j being 23rd Street, SW. The applicant originally obtained permits to build an addition: to the building itself here and a parking lot which will have two R parking .spaces here, with a wakl that would surround the facilities goes around this way in'front of 23rd Street, and then one access into the property through 17th Avenue. - In.com comparison, applicant went ahead and built. g 8 P � PP parkin lot: which extends all the way to this property line minus five feet at the time of my inspection and had an access on 23rd Street, and had an additional addition -to. the building which is located at this .position, a.fence .and no E` wall. What has happened is that the applicant built without the benefit of a building pemit something which was not ap proved originally by the Zoning: Board. .-Now; going back to.the items before you... M,r, Plummer; iaiV a, minute, let me ask a question. The.parking behind, what" n %Y I would say is..where_the wall was requested. Hr. Olmedilla. The wall was requested at this point. Mr, Plummer-, Correct. All right, east of that, which is the parking, is that a:pei,mitted use? Hr. Olmedillo: That was not permitted by the Zoning Board at the time of the hearing,.; Now, the -applicant is before you because the Zoning Board denied the ' apPlcation.,to'bu_ild-this parking lot here,_ The applicant is before you, just to. find relief, to look for relief of that decision of the Zoning Board, to deny the -parking extension into this area. 3. Mrs 1?awkipe; OX, but 3et"s, get one thing straight. M im�,dt, IIVI t 41 April 1959 � ski �,.:- fi. i Mr. Diwkinst Did the individual have a permit to pave the parking lot? Mr. olmedillo: No, sir. Hr. Dawkins: You are sure of that? Mr. Olmedilio: i will bring the zoning administrator, Building and Zoning, for the record. Mr. Plurmner: 5o what you are saying is, that they had the right to increase the grocery store by that amount of space, which I assume is 26 percent. 41 Mr. Olmedillo: They had a right, by the Zoning Board's hearing, to add this particular portion of the building. Mr. Plummert Which is almost half again the size. Mr. Olmedillo: But they added somewhat more in this location. Mr. Dawkins: Well, if the individual has, and I'm guessing, had a permit to pave the parking lot, then you gave them... not, you, the City of Miami gave them wrong permission to do something wrong, is that right? Mr. Joe Genuardi: No, they didn't have a permit to pave all the way to... they have just a permit to pave the area at the corner, where Mr. Olmedillo showed you originally, that they were supposed to have their parking spaces, but they extended their paving all the way into the other lot. Mr. Plummer: So in other words, you allowed them, under that which was approved to almost double the space of the present store with two parking spaces. Mr. Rodriguez: That was a decision by the Zoning Board, when they granted the variance. Mr. Plummer: OK, but I'm saying is, that.the old store had no parking, is that correct? And that doubling the size of the store, you only wanted them to have.two parking spaces: Mr. Genuardi: Well, they provided for the addition and the existing was legal, nonconforming,'they had no parking, but they had to provide the spaces for the addition, over what was there before. Mr. Olmedillo: No, again going to the items before you, PZ-15 is the special exception to have the off -site parking extended to that immediate lot. PZ-16 is the additional increase to the building area and PZ-17 is a variance because on 23rd Avenue the setback is 15 feet and they're only providing five feet. Mr. Plummer: As in relation to 16, did I read correctly that they went one ...percent over that which was allowed? Mr:"Olmedillo: That is correct, but without a permit. Mr. PIummera' OK, but I am saying they were allowed to increase 25 percent and they went one percent to 26. ,1Mr.,>_p1medillo: Through the special... yes, through the Special Exception permit. fi `eMr, 1!J:wns►er. 'I'm still at a loss to understand how the Zoning Board could $I1ow,toem to increase that addition with only a total of two parking spaces! Mr. .01mediilo: See, the reading is that what's vested already by use, not providing parXing 'spaces does not require Additional parking spaces. Mr. `Plummer, I'm not saying about whet is required. I'm saying practical, frazticaal, _you are 41m4st doubling the size of the building and only having Lwo .�akih�,,passa, That make sense to n►o, but "s lot 'o: things don't mice." eeneo�t seems like Lo Vie, i YOU b double the size a us+ o bu #dshS;'.You �►L9v i fait innremse the amount of parking, not to limis t ,ttr i1�oat .4o"t melee, eny $On$e to sae. think one of the things t�1 w,a 7 2w'1 { J t F �3 +R M 1Q F S � Z 7,i q $ S: problem here is to call that place a supermarket, it's far from it. It's a rbarket, but not a supermarket. Mr. Rodriguez: You have a good point on that. At the time in the Zoning Board was considering this case, the addition was for warehousing and for an office, not for an increase of the area of the supermarket, so at that point, since the other portion that was existing there was an legal nonconforming use, that one didn't have the requirement, the whole thing was seen as a neighborhood market. They asked for increasing area for warehousing and for office, that required two parking spaces. They provided two parking spaces in the proposal and the Zoning Board at that time conditioned to the fence and to the other requirements that they mentioned, they granted that variance at that time, the first time. Mayor Suarez: Counselor. Have you finished the City's presentation? Mr. Olmedillo: Well, just for the record sir, you know how the vote went. It was a denial to item 15 by a 7 to 2 vote. The Planning Department recommended denial. There was a denial by a 8 to 1 vote. On PZ-16, the Planning Department recommended denial and it was a denial by an 8 to 1 vote on 17, a again with a denial by the Planning Department recommendation. Mr. Plummer: Before the attorney starts, let me ask the negative side if this Commission were to deny all three of the requests before us, what happens if the City Commission denies all three? Mr. Olmedillo: The applicant would have to demolish that addition, which is to the rear of the property, at... Mr. Plummer: The total, or one percent of it? Mr. Olmedillo: No, that little addition that is intruding into the other lot and they would have to conform with all the conditions that were approved by the Zoning Board before, which is... Mr. Plummer: They would have to revert back to two parking spaces. Mr. Olmedillo: That is two parking spaces, they would have to have a wall around the property and they would have to remove that additional addition.. Havor Suarez: Don't say around the property, say a wall around the part of the property... Mr. Rodriguez: The property line that shows there. r: Mayor Suarez: Right, the property to some people might mean everything that they now use. r. Mr. Olmedillo: So the record is clear, it will be along this line, this lot dine. Mayor Suarez: And what else, what is the third, to answer the Commissioner's -_ question? Mr. Oimedillo: And this'addition would have to be removed. a, r Mayor'Suare«: You said that already, you said the wall, what is the third? !3 • j psi Mr.,Olmedillo; And the wall, which will be around the unit. f Mayor Suarez: And I guess no exit onto 23rd Street, right? Mr-,Olmedillo: No exit on 23rd Street, that is correct. Mr. Al Cardenas:May I... Mr.''Do:Yurre Would they be able to keep the asphalt? Kayos Suarez: That's not going to go away. That's not going to disappear. There's not going to be a crater there. What his question was, will they be able to keep the asphalt there. That's a theoretical question. What if they want to keep asphalt there? Can't they keep asphalt there? Mr. Olmedillo: All the asphalt is not for parking, yes. Mayor Suarez: They can keep the asphalt there. Mr, Rodriguez: He will have to get a permit to, I guess. Mayor Suarez: Because it shows the lack of sense in doing something like _ that, in the sense, you know, you told theta to put a wall, but then they can keep asphalt on the other side. Sure, they can keep asphalt if they want. Mr. Rodriguez: They will have to get a permit to do that. Mr. De Yurre: Were they required to have a wall at the end? Mr. Olmedillo: They were required to have a wall here. M i Mr. De Yurre: No, I'm talking about the other side. Hr. Olmedillo: On this side? Mr. De Yurre: Yes. Mr.. Olmedillo: No, because that was not considered by the Zoning Board. The Zoning Board was not considering this area here. Mr. De Yurre: Wait a minute, weren't there plans presented to pull a permit? 4 There was no permit pulled, there was a permit pulled for something else? Mr. Olmedillo: The Zoning Board approved this. S Mr. De Yurre: No, forget about the Zoning Board. Did they ever apply for a j building permit to do any type of work there? Mr. Olmedillo: To do the asphalt, but I believe Joe Genuardi stated already on the record that the permit was only for this portion of the parking lot and not for the extension that they did. Mr. Genua.di: They also had a building permit to do the addition on the side 3 of :he building. t Mr.` De Yurre: And they went ahead and did the additional addition to the i back, is that correct? Mr. Genuardi: Correct. 1 E Mr. De Yurre: 'without any permit. i c i Mr. Genuardi: Yes, sir. Mayor Suarez: Counselor, Mr. Cardenas: Thank you Mayor. My name is Al Cardenas with offices at 1221 Brickell Avenue. The fact pattern that I am about to depict to you is quite different from that which you have heard and therefore our conclusions as .to s why there is merit to our request are going to be quite different. I am going to do this quickly. Mr, De Yurre: Are you under oath? Mat, Cardenas: I'm under oath. I'm going to do this quickly and as quickly as I on. making sure that I get the proper points in, I'd like to first introduce our client, ,7osquina, Concepcion, who is the current owner of l )M agro Market, I think she provides a history which is quite an o {, mangy► People iA this country. She's been operating this market for i,. 0 started it, and shortly thereafter started running it by herself. For a woroan with little education doing the job of a man, she's done a remarkable job and shortly I am going to show you the pictures of what that market looked like when she took over it and what the market looks like now and 1987. The second thing I'd like to do is to introduce those neighbors who live in the immediate vicinity of El Milagro Market who are here in support of this application and I'm going to ask all of.the neighbors who are here in support of the market to stand up and if you don't mind, I'm going to do that in Spanish as well so that... (COMMENTS IN SPANISH) Mr. be Yurre: Why do you call "vecinos"7 Mr. Cardenas: Good. Thank you, Commissioner, that's the next... Mr. Vice Mayor, that's the next item I am about to talk about. I have with me, which will be proffered on the record the list of the homeowners who live within 375 feet of El Milsgro Market. To this list is appended the signature of those _ owners in that immediate vicinity who have signed in favor of E1 Milagro Market. I an going to turn this over to the Clerk and I am going to let you know that 45 of the residents who are in the list, official notice list of folks who reside within 375 foct radius of this property have signed in -'. approval. That, plus the 200 names which is part of your packet of the petition of all of the neighbors who live in the City of Miami, many of them within the immediate vicinity of the this property who are also in favor of what's being requested here today. By way of background, as was set forth Mr. Olmedillo, we are here to request three items, two of which I can tell you ' that we've gone along with the application process because our client cannot afford a lengthy judicial proceeding, but I can tell you that I'm troubled technically by the requirement to request them, and I am going to legally tell you why. The first item was the Special Exception under Section 2018.2 of the Zoning Ordinance to permit the continued use of the of parking lot to serve the legal nonconforming market. Second item was a Special Exception to allow an existing one percent increase to a legal nonconforming use and the third item was a non-use variance requesting a five-foot rather than a 15 foot setback. Now, the history of this property and before we get into it, what I'd like for you to distribute the pictures of the market as it looked and as it looks now since Mrs. Concepcion has taken ownership of it. While he is doing that, I want to tell you that- the history of this property goes back quite a bit further than has been stated on the record so far. I want you to know that lots 4 and 5 as are submitted here, have always been conveyed together jointly since 1925. Furthermore, the home, which is on lot 5 also is physically located onpartsof lot 4, so that it is as alvays been, and needs to be together with lots 4 and .5 and that's important to what I am about to tell '+ you Number two, since at least 1940, there has been not one commercial structure, but two commercial structures through the 1980's - the current h market structure, and there is also a separate structure which I would like to be shown to you,, if you'll follow it. In 1940 or so, we had the market, which was a separate building and we also had a pizza parlor, which is a separate building. Both the market and the pizza parlor, and this is important, because it goes to show you why. we have a legal difference of opinion with staff,,.together and jointly occupy 3,484 square feet. Mayor Suarez: This one picture that show here, what is that meant to illustrate, counselor? Mr.- Cardenas: That picture I showed you was a picture in 1986 of E1 Milagro Market', That was. Mayor Suarez: You chose a time when the street was being torn up to sort of add emphasis to it, huh? Mr.!Gardenass Well, I'm doing the best I can. The picture from the... Mayov Suarez; Pretty effective picture. It looks like something out of the nineteen....not only that, you made it look'blurry, to make even... Mr. Cardenas; Well, it looks , Pretty depressing, I thank and that s aR flay*r a+4ffaZI And it .doesn't look like that now, I have to tell you, it lo®ks veer -nice there, 91- 249 /!4 , 20 AprO M 190 Mr. Castaneda: Right, and Juan, did you distribute the pictures. OK. Through the 1940'6 through the 1980's, there was a total of 3,484 square feet - of commercial space on lots four and five. Evidence will be shown today that neighbors have been parking All of this time and there is evidence here today on the record that for at least the last 20 to 25 years, neighbors have parked on lots four and five to cone to the market and to come to the pizza parlor. I don -It need to... Mr. De Yurre: Well, what are you saying, they have been doing something illegal for 20, 25 years? Mr. Cardenas: No, sir, I'm trying to tell you that for all of this period of time, they have been doing it. After a period of time, Commissioners and Vice Mayor, as you know, a use which has not been codified, or permitted becomes a legal use because of its continuing use. Kr. De Yurre: Is that the Chalk's theory? Kr. Cardenas: well, I don't know what their theory is, I know I am standing on pretty solid ground when I tell you that if somebody has been parking in a lot for 40 years, evidenced here, from a neighbor of course, can only say 20 or 25, because that's how long they've been here, but I would feel pretty good in a case in a court of law showing that for 40 years, for at least 20 or 25, that property has been used for a parking lot, but at any rate, I... t Mr. Plummer: Why don't you just mas o menos? Mr. Cardenas: Has o menos, right. At any rate, the other part that I want to mention to you, which is essential to the merits of this case, is that in 1986, the public sector in its wisdom decided to expand SW 17th Avenue and in doing so, they ordered the demolition of the five foot by 50 foot frontage of E1 Hilagro Market. They also, because of the property that was taken, forced the demolition of the pizza parlor and they also removed all of the parking which was available on 17th Avenue. In doing this, after 1986, they lowered from 3,484 square feet, the size of the commercial space in this property to 2,825 square feet. Now, you asked me with what authority do I give you these figures? I give you the square footage from the Tax Assessor's Office and.the Tax Collector's Office, which receipts are here, so those are the official records that the County and the City go by. The second thing I want to te1 you, is that in demolishing the five by 50 foot portion and the separate structure .and in eliminating the parking on 17th Avenue, they took away parking and they. took away about 800 square feet of commercially used property, so when they went to the Zoning Board for relief in 1986, these were not people who were actually coming to the Zoning Board out of a whim, they x' are, people who obviously had been put through a hardship and needed redress. At that time, unfortunately, they weren't represented by folks who looked at this thing from a big picture perspective and the process went through without giving it,a lot of thought. What was actually accomplished at that point in time was that, they were provided with a special exception to permit the reconstruction of the existing nonconfo nning structure as well as to provide a. 25 -percent increase to the floor area. Both of these were granted and they were granted-,by._the Zoning Board. This was subject to a landscape approval and to an eight foot wall between lots four and five, which was pointed out. Frankly my, although I am not here to say, I am here to tell you why the wall wasn't built and I hopefully will provide you with some ideas as to redress, .. but I.will tell,.you technically as far as the paving of the parking lot, that r-' the actual building permit, which I have here, provides for a paving of 1,500 w, .guar* feet, Now, those of you who looked at the plans that I have here before mq wi11 realize that 1,500 square feet is a heck of a lot more than ,just paving lot 4 of that parking provision, so obviously the paving permit that was ,provided far exceeded the space required for lot five and included I atfour as well. That is just to clarify the record, although I don't think that -your decision will harbor on these technical differences, it is important to. Point . out gust to what extent the redress was appropriate. Then in 1988, the Zoning Board granted certain non-use variances from lot coverage, side yard and;.livability, space, to allow the expansion as was built and the reconstruction of the market. Now, what happened was that after the 19$6 and 3988' Zoning ,Board decisions, our client went on June of 19$8 to the City of 1!*i , .tu ned. its por n and began to do the improvements, the result of which eP, in. the pictures .here. The client didn't do two thugs,` and that one of the things was to obtain in Special Exception for the residential have aut+m4tted to YOU that there is a long history behind that and i • think there is some inherited legal rights for that, but nevertheless, we're applied for that now. Nufnber two, she did not build that wall and I think we are coming here with a solution this evening, which will improve the situation, with the building of a wall and doing other things which I'll get into in a second, so I think the community at large will benefit by revisiting the issue with you this evening, and number three, the story of the structure ' that was built without a permit, let roe let you know that we have pulled the records and as far beck at 1934, the so-called nonexisting structure existed, attached to this building. The difference was that this was a wooden structure, but it was none the less a structure. What our client has done, in our legal opinion, is to rehabilitate this structure by putting a concrete _ facing, and by putting a roof, so although that may be, as we may say, a creative response, it's certainly, I think is one that is meritorious and - ought to be stated, so this isn't just out of clear blue sky that this happened, there is history dating back to 1934 that this particular portion of the structure, which is the subject matter of the one percent special exception, has been there. Now, I also took exception with the staff's recommendation that we went one percent above the required 25 percent increase in a legal nonconforming structure, because we had gone down from 3,400 square feet to 2,800 and if you take that into consideration, the 3,400 square foot figure being the basis, then we wouldn't be talking about one percent, we'd still be below the 25 percent threshold, so I also took exception with that. But the three things which we're requesting and I think is important for you to know, is that she is coming here and telling you, look, I received permission in 156 to do this, I received permission '88, I screwed up by not building the wall between lots four and five and by not having my lawyer revisit the issue, but darn it, that's the most impractical thing that's ever been requested of someone and my mistake was pulling the permit and building the improvements before I retained these lawyers who would go back to clarity our problems. That's her sin, and what she is willing to do for that so called sin, is to build an eight foot wall in the back of lot four, build a six foot wall around the residential street facing 23rd Street, so that you actually for the first time ever, since 1940, will have cars not being able to Park on this lot through the residential street, have all the incoming cars to -park on this, for the market coming through 17th Avenue which is a much more reasonable approach, provide you with landscaping, and provide you finally, with a slap on the wrist approach and that is to suggest to the City that we would voluntarily proffer $2,000 either in direct contribution to the City's Park Program, or to provide additional 2,000 feet of landscaping in a neighborhood at your selection. I want to conclude by letting you know that far better results will be achieved by your voting in approval of items 15, 16 and 17 this evening, than it would were the project to have been built in accordance.. with the '86 and '88 provisions. Furthermore, the additional cost incurred by our client, in legal fees, the cost of the walls, the landscaping and the voluntary contribution, I can tell you because I know, since a significant amount. of this work is being done pro bono, that is a punitive :easure far beyond what Mrs. Concepcion can really afford. Now, I will. tell you in conclusion also, that some people, I heard remarks, since I've gore around about Mrs. Concepcion and so forth, and frankly I'll tell you this, since I've known this. lady, my perception of her and her work for the corrinunity and this business is far different perception than other comments I've stated and at this time I've concluded my presentation and I'd dike to ask four neighbors to briefly tell you why they support this application. 4� Mayor Suarez: Let's keep those to two minutes each N Mr. Cardenas: Yes, air. Y fti A� -{ T Mayor Suarez t .. . y in anticipation of the apposition, so we can get out here at a reasonable time tonight. We've got other matters too, to get to. Mr, Cardenas; And I wanted to also clarify the following, in case I didn't snake'=my comments straight when I said the $2,000 contribution to the neighborhood improvement, I wanted to be specific and suggest that perhaps it be confined to.the Silver Bluff neighborhood area. Mayor Suarez; I know they are trying to find funds to do something about that buiIdin2 that vfs A.ffmI, k.A ♦k.*�__-- 1 Mr. Cardenas. Because those of you who... I roe an, I've worked in grocery stores for many years.,. Mayor Suarez: By the old traditional cliches; you know, and to on, that's no --� longer applicable and so on, Hrs. Kennedy: .lust because we get paid 59 cents on the dollar doesn't mean that we can't do the same amount of work. Mr. Cardenas: No doubt about it, no doubt about it. Mayor Suarez: Let the record reflect that that's an old cliche no longer used. Mr. Cardenas: Let the record reflect that counsel didn't show the proper sensitivity before this all goes by. I would like to introduce Mr. Andres Rivero Aguero, who I think needs no introduction, and who also is a neighbor and would like to say a few words and would like those words translated. ' Mayor Suarez: Let me, before we do that, once again swear everybody in, and I think everybody understands the words of the oath. Dr. Rivero, would you please raise your hand and anyone else, Al, that you intend... (AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.) Dr. ,Andres Rivero Aguero: (TRANSLATED BY JUAN MAYAL) Mr. Mayor, Madam Commissioner, Commissioners, over 25 years ago, to be precise 25 years, six months and ten days, and live about one-half block away from the market, of the splendid E1 Milagro Market. Those of us that used to go to the market on 17th Avenue and on 23rd Street, and we've seen the evolution of that modest market to the splendid market today and we know the history of this truth. We concur with a most profound duty, a duty is in a man's life, is most respected and sacred. What's the cause of the evolution of this market, at the early - story during 15..years was a limited market, but why does a business evolve? One day a young lady 23 years old came into'the.picture who would have thought that she would _turn this market into what she has turned it, and this is what is important, because it's rare, a woman and 23 years old, would dedicate her life to, a business and who, every day dedicates 14, 15 hours to the business. This is why I have come to defend tonight before the Commissioners of the. City of Miami, to defend these creators for the future, of wealth, of tomorrow and tomorrow is' everything, because yesterday is gone and today is passing away! + And all of a,sudden, a wall turned up! Who does this wall benefit? - a City's. ornament? Regulations? Ordinances? We don't know. Mayor Suarez: Doctor, this whole speech is very ornamental! But, maybe he could summarize so that we can get to a few other items. Yy Dr. Rivero,Aguero: ;(COMMENTS IN.'SPANISH) Mr. Cardenas: The next speaker will take a little longer, but, so be it. Mayor Suarez: I'd be tempted to translate the last part which stated roughly that this is: some day going to be a great city, and that that is accomplished by opening doors, not by closing them. I don't know if that argues to the '. merits ofthis particular matter, before us, but it is certainly worth putting into the record as a worthwhile bit of eloquence that we don't 9 get to heir here at.Qity;Hall 4 heck of.* lot. Y.r, Cardenas: Yes, I would like to ask Mr. Ramon Vila to say a few words. a , Mr..,`R#mon Vila: (TRANSLATED BY JUAN MAYAL) Good evening,, Mayor, Madam and. .+ CtRnissi*ners, my name is Ramon Vila, I reside 3437 SW lst Avenue, for the last 27 years four blocks away from El Milagro Market. During this time l've vi##taid:es a customer this market of this application tonight. All of us know meeting ;is an appeal, and :Our :.intention is to set forth our reasons. { why :fie, soul.d,-support .this Market against the unjust and negative ordinance of rel.uiring a Well in the middle of the parking lot. I want to set forth my AF4rst,...f9r m.*ny 'years :we have used lot four as parking "wi"thowat wail and :the)► Used to Park on 17th Avenue, which is now not possible. Second tia;"►ul..meen the : closing :c+f the b�+ir�ess,. The market should not fgetis� ' ` wlt . o ly three .parking ""space$, : ' Number threo. ; it would mean the, ur►cmploy.mes�T 240 �N9 " low of three or four heads of families who work at the market and the possibility of increating.unemployment. Four, it would be against the needs of the will of the Neighbors, as the majority of the neighbors who are long standing customers of the market, who if not present, it is because of lack of transportation, and because it is a work day. Fifth, it would be a reduction of property taxes, I don't know if there is a breech on the part of the Market, but I want to repeat that this requirement is negative and unjust and when it is to, they should be abolished to benefit to the City, to benefit customers and neighbors, towards progress, in favor of the no unemployment. I ask as a beneficiary of the services that the market provides, as an elector of the City, to you the representative of the City, do not require this regulation If anyone could show roe that that wall would protect lives or property, I will withdraw my petition. Thank you. Mayor Suarez: Counselor, you could be overdoing this, I just want to warn you. Mr. Cardenas: OK, there is only one last gentlemen who want to talk. he'll talk very briefly. Believe me, this a very drawn down list of people who wanted to address the Commission tonight and I've done the best I could to limit it as much as I could. This is the last speaker, Mr. Pedro Sardinas. Mr. Pedro Sardinas: Commissioners, I been a resident at 1665 SW 21st Street for 30 years, since I was two years old. Now these neighbors really know what I've been through. I live two houses down from that E1 Milagro Market. This is before, this little store used to be first it used to be a radio, a TV repair shop. Then it used to be a pizza place and then it used to be, my friend used to have a wood shop, to make furniture. You notice in this picture here. (COMMENTS AWAY FROM MIKE) Mayor Suarez: Yes, that is pretty similar to the other picture. The other one is more dramatic, because he had barricades in the street, and they were all torn up and everything. Mr. Sardinas: But you see cars back there all the time and walk between these two existing buildings used to be a crack hangout for bums, I used to wake up . at 3:00 o'clock in the morning, telling people, "Get away, let me sleep!" It's always been there for the past 30 years. All right, what they want, everybody is parked there always... Mayor Suarez: There's probably not... !!r.. Sardinas: The wall is going to create a problem on 17th Avenue, tra°fic urns. e,ayor.,Suarez: a case where we are more familiar with the physical outlook thar..this one. Mr. Sardinas: And here, I mean; would you like to live next to this? I like to live next to this. Hayor.Suarez: I like the flags too. Do you have the flags in that? Mr. Sardinas: I'm a neighbor. Mayor Suarez; Oh,.the flags are missing. Mr. Sardinas: No, I'm a neighbor. I like to live next to that, not that dump .,t4at used to be there before. Mayor Su,ar¢;: And Actually, it is better than this, because the flags are up "City and it's got a of Miami flag, which nobody else has put up, I don't .crink,.Sn a,.. Mr, $ardknos: Now,,these neighbors really I live two houses down. They 'don't"have to put up with bums screaming a� 3;OQ and 4:00 o'clock in the morning, . tt�rQwing bottles. , And , the plants have grown in. 91 249 :. pF rdinfu : 1good to come over with a baaebisII beat, tell them, go cut- F TA,* It aQMC plowF� I gO ti4 get up at 6;OQ to go to work, Not , these ple really went #Qr tbs- d l0 '_ I did 'it for 30 years, I know every.., t q ram- Mayor Suarez: You know, you are almost as eloquent as Dr. Rivero in your own way. Hr. Surdinas: I know everyone in that market. Not just Ms. Concepcion, but the previous owners. I think the wall, if it goes up, it'll come down. Mayor Suarez: OK, thank you. Mr. Cardenas: Thank you, that's it, Mayor. Mayor Suarez: OK, the opposition? How many people are going to speak? OK. Mrs. Kennedy: Let's see by a show of hands, how many people oppose this item? Mr. Plummer: Hay I ask another question? Of the people opposed, how many live within the 375 feet of the location? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Yes, that it was clarified, it was clarified. Mrs. Kennedy: Yes, it was. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Be happy to, sir. Mayor Suarez: I think it was clarified. Mr. Plummer: Of the opposition, how many people live within the 375 feet? ,t- Mr. yitksittsnons: I was advised that I don't necessarily have to resign from it, I can ask you for a waiver. Mr. Suarez=Rivas; you reed a four/fifths waiver, because the conflict continues. Mayor Suaree: All right. Mr. SuaretRivas: Even if he does not resign because the conflict continues for two years after. Mayor Suarez: I'll entertain a motion. Mr. Plutamer: We can maybe make this brief if we deny it. Mayor Suarez: Why it our City Attorney now saying something to... what do you got here? Mr. Bob Clark: It has to be in advance. It has to be a public notice. Mayor Suarez: Bob, get somebody to do your argument for you, please. Mr. Fitzsimmons: Well, can I speak before the Commission as a concerned citizen? Mr. Suarez -Rivas: Well... Mayor Suarez: If you are violating the law, I mean, I don't... I wouldn't recommend it. Mr.- Fitzsimmons: The law says I can't represent a third party. e _ Mr. Clark: The Code is quite clear, if he appears in representation of any ` third party. q,:; Mayor Suarez: OK, as a private citizen, yes, you may proceed. I don't know what you might have to dissolve by way of your cor-mitments to represent somebody, Mr. Fitzsimmons: My name is Bob Fitzsimmons, I live at 2512 Abaco Avenue. 4 I'd like to start by trying to put this matter in perspective. Here we have a },z lot, actually two lots that are zoned residential. The supermarket that has been existing there is a nonconforming use. The intent of the Code is to minimize, not expand 'nonconfo:ing uses. As a threshold issue that Mr. s- Plu mer brought up, was how can you allow two parking spaces and expand the �t :* supermarket? Well, that goes back to the original plan that permitted them to expand, 25 percent.` Perhaps that should not have been granted. Qp' Mr. `Plu:amir: It didn't come before this Coct.-aission. Mr'. Fitzsimmons: It did not, no. The three items that are requested is a special exception ' -to increase the nonconforming use once again. It was 4 ..� increased in 198b,`now they are corning back and saying they want to increase ;it.,e ain. 'The second item is, the want a special `exec exception now to,park yp park on a res`identiil lot, which essentially Will change the residential lot into only a `µ•. co,mmerciai use; it will have no other practical use, when you see the diagrams of -where' the 'houses are, and finally they wanta variance, which of course', thttl►: rneeta the" standards of a variance, very few people can. It is a self`- imposed hardship forl the setback requirement. Now, also in background, this Commiiilon'considered `what zoning should be inthatarea and once again, in considering the t comprehensive plan; there is a unanimous' resolution that it :eho10 remiin residential and no commercial should be added to that. And that wigs done on July al, 1988. Now, back in 1966 a special exception was granted, perm•ittn8 :the �psximum 25 'psrcent increase 'With conditions and the Cede reg+iires' that if you $rant a special exception and there are conditions, the conditions have to protect the residents, the residential character of t3ao ages afd'1ii!'. srs h4?C tgnight because they did not do any of the condtiona on Vhih the expansipr� was predicated and they are coming' back mere and asking ea to°` b fiat that 'We °disregarded the Zoning Zosrd resolution, please glue• i4 . 4 u i lywAy. flow .back in: '46 be#9re the eXpansi9n, the Proper °2 9ttlCs s ► e ►ha like th1 `Y0u:. son .Ate that on the left is 11th Avan •' ., .. , .' yh ! _ �i a.iz1,`.'S£yuv.Ko- i'l A"ME greyish area is the area that vas deducted, or taken off from the building, when 17th Avenue was widened. On the bottom you have a structure which the applicant is telling you that was part of the supermarket, is some basis for further expansion. Your Building and Zoning Department will advise you that that was never part of the supermarket. to fact, that was destroyed over two years ago. A'commercial use could not exist in there, upon which to premise an expansion. It simply does not exist. Now, they came back here in '86 and said they are taking off this five foot by 50 foot, or approximately, I think it is 242 feet, they were taking off because of the widening, and they came back and they said, well, as a special exception, can we have it back? And the Zoning Board by resolution 4386, said yes, you can have that back. Then again, they came in at the same time and they said, well, in addition to giving us that piece that was taken away back, give us another 25 percent. The Zoning Board said, OK, you can have that pursuant to the plans that you submitted. The two resolutions are here, I would like to pass them down and have you look at the highlighted information. At the Zoning Board hearing which was quite heated, there was a compromise resolution reached. The applicant submitted plans at the hearing, which were the plans that were up prior to this. I think it is very important to note these are plans submitted by the applicant in order to get the special exception and if you'll look, the - ap... Mayor Suarez: This is a little bit repetitive from what the City already stated, but... Mr. Fitzsimmons: OK. Now also, the present owner was represented and her attorney, a fellow by the name of Roger Barry, represented that there was concern of the neighbors and the concern of the neighbors was resolved because the residential lot was no longer a part of the application. They no longer were going to use the residential lot as part of their commercial use and now they come back in here and ask you to abrogate the special exception that was granted in 186, disregard the conditions that were imposed upon them in order to get 25 percent expansion and allow them to expand into the residential lot. Now, I just want to go through briefly the three things that were done. One, they had to move the illegal addition. There was an addition on the back that was there originally and was illegal, they agreed to take that down. Of course, they did not do that. They were required to build the eight foot wall, we all know they didn't do that. One of the things that came up recently is in the covenant they were required, or they stated they would never put a walk-up window in there. Well, about two weeks ago, a window appeared and now they have a walk-up window on there. Mr. Plurr-ner: A walk... I was there less than a week ago. Mr. Fitzsimmons: So the two things that were required to build, according to the plans they submitted, and not to have a walk-up window, were done anyway. So, I have to ask you as the policy directors of the City of Miami, what kind of message do you send out to everyone in the City, when a Zoning Board enters into a compromise resolution and. accepts a plan offered by an applicant and the applicant shows utter contempt for the City and its regulations by going on and building what they want anyway. The Zoning Board was appalled at the disregard this applicant demonstrated. So, I think a lot of has been stated before, but just to recap briefly. They got, when the street was widened, they got back exactly what they lost. In addition, they got another 25 percent. Now, when you bare it all, they are coming back 'here asking for additional expansion. They are asking to use the residential lot for a commercial purpose. They are de facto asking to make that residential lot commercial. If that parking lot is allowed to stand and that wall is built, the little house that sticks in there, the little house in that residential lot -will have absolutely no access. How is someone going to, live in :that house? If you allow them to do this, what are they going to do? They have to come in for rezoning because you can't live in that house. Who car. live in that house? Mr. Plummer; Is there not a driveway existing now on the north side of the market Y_ . Mr. Cardenas; Of course. hr, Fitzsimmons; 1 don't believe there is, I believe that... Mr» Plt;,�mor; l believe there 91 2 4 ,r ►i�v Ape es *s. ek fir:, , -s -• - - - Mr. Cardenas. Commissioner, not only is there a driveway on 17th Avenue that leads to the house, that driveway's been there... Mr. Plummer: I didn't ask about that. I asked was there not a driveway on the north side of the market and I'm sure there is. Mr. Cardenas: Yes, but I wanted to say that there is a driveway that gets you from north, from 17th Avenue to the home. It's been there for 40 some years. That home has been lived in by Mrs. Concepcion, who owns it. She is perfectly happy there and is perfectly happy to continue living in what she considers to be a very comfortable and fine home. Mr. Plummer: I don't remember asking that question, but thank you for the answer. Mr. Fitzsimmons: To close, that house becomes useful for no one other• than the owner, it is no longer a residence, it has to be associated with > commercial use. It certainly raises a strong argument that that lot should be made commercial now, so the people behind it should come back and say, well it is commercial, let's get commercial. The whole purpose of the special F exception is to minimize the commercial, or nonconforming use, is to minimize the expansion, not to let it increase. This used to be a walk-up store, it used to be a little walk-up store, that's why there was no real parking. It a was a small store. Now, with the introduction of this huge parking lot, you are making it a major traffic center. Now, not just neighbors go there, everybody in the area is going to go there. You are increasing the commercial use. That's not what the Code says should be done. And I think to do this, one. requires you to abrogate the 25 percent increase they were granted in 186, so I don't think you could legally allow that to expand because to allow them to expand now, you have to take away the expansion they had back in 1986, and finally, just to do this, you are going to tell everybody, just go build whatever you want, you come here, you approach the Commission, you say, please let.me have it, it's already built. Thank you. Mr.s. Kennedy: Did she have a permit for the Lotto window? Mr. Cardenas: Well, let me tell you this, yes, she does, and let me have that permit, please. Not only that, let me clarify that, because there have been a nu:..ber of misstatements. First, as to the window, there is an existing window which is part .of the pictures you have there with a bar on it. That was a particular... Mayor ,Suarez: Al. as you clarify that, let me remind you of the procedure. Clarify: the Commissioner's question and let's have the opposing side complete their presentation'. Don't give us a bunch of clarifications of everything they',ve done, you can always... Mr.- Cardenas: OK, well, yes, I have the building permit right here, Commissioner, for that.window on 17th Avenue and the other window, is a different ,story, it is on the other lot and it was specifically defined as being on the other lot with a restriction that it not be used by the store, and ,so she put bars in it, which bars are still in place, and they have never dispensedanything commercially out of the other window and she's been in perfect,compliance with that requirement since it was imposed on her. This is a.building permit.which is perfectly legal for the window what she now has the l7th Avenue,.side of the store. Mayor Suarez: The;compliance.by her on that particular issue it is a bit of a break with her tradition of noncompliance, but that's a: observation that I think merits maybe stating, regardless of the merits of t�4.Ais case otherwise. i Mf Fitasim'nOns: On that issue just briefly, the attorney for the applicant back:.,in 186, when they asked for the original expansion, stated, that I'd like to stipulate, there has never been any intention to have a walk-up window, i coffee bar, whatever you'd like, and we'd be glad to enter into a covenant running with the land topreclude a walk-up, coffee bar, window, inde:ihitely All the..futvr-e on this piece of property. lUMMer;: Where. is no coffee bar -window, f1 # 1, 1,`i""„zn °T "4. ,r•-`t�',: k t _ — _ '_ .l Z r.e.��`i7rr'Ti !c A Mr. Joe Wilkins: My name is Joe Wilkins, I live at 228 SW 23rd toad and I an president of the Miami Road Neighborhood Civic Association, which is also a member of the newly formed Miami Homeowner's Coalition. One of the goals of our associations and of all of the associations involved in this coalition is to improve our neighborhoods and work to protect our property values through to proper enforcement and support of our toning laws and our Zoning Board. The people, the citizens that we have working, some of them are here tonight, have been threatened, have been vandalized in their efforts to support these laws and to work with the good people in the City with resources such as they are, to get these laws enforced and to protect our investments in our homes. This case is the most conspicuous example, unfortunately, is not only example. This happened repeatedly as the gentlemen mentioned, of a perception the zoning law in the City of Miami means doing exactly what you want to on your property, hiring a good attorney and coming to City Hall, that's how zoning law is written. We find that unacceptable. There are many associations here tonight and as the gentlemen said, this Commission needs to send a message, particularly in light of the number of people who are here. The message that has reached our neighborhood, from the of this case, is as I just mentioned, zoning laws, Zoning Board, don't worry about it. Come to the Commission, get a good attorney. This Commission needs to send a message that our zoning laws will be enforced and that the City and our citizens that are working to improve our City will be supported. If the zoning laws are to be broken and the Zoning Board ignored, the consequences on all the neighborhoods in this City will be severe. Any reconciliation tonight needs to demand a penalty from this individual for completely ignoring the Zoning Board. This has to come with a severe consequence, otherwise the damage to our neighborhood and other neighborhoods in this City will incalculable. We wish to recommend that you support the decision of your Zoning Board. Thank you. Mayor Suarez: Now, thank you Joe, being brief and to the point, it helps. Mr. Bob Valledor: I'm Bob Valledor: president of the Coral Gate Homeowner's Association. I live at 3324 SW 20th Street. I've also been asked to speak on behalf of the Coral Park... Mayor Suarez: Did we swear... Mr. Valledor: I did it, want me to do it again? I think we all admire Mrs. Concepcion. I think we can understand or appreciate the problems that she's had as a vonan trying to do business in this country and I think Mrs. Conception's success speaks about this country. You can come here and you can do anything that you want, whatever your heart tells you to do and whatever you feel that you can do. Her struggle and her successes and her triumphs are not the issue.The issue that's before you, as you remember, is an agreement was made by Mrs. Concepcion with the Zoning Board and that agreement was violated. There is a contract entered into and one of the parties ignored the contract, the terms of the contract. To settle for a slap on the wrist, as was mentioned by Mr. Cardenas, to me that is sending out the wrong message. To go out and to remodel a wooden.structure by putting CBS blocks means that I can go out and remodel an old frame house, put in CBS and put in new plumbing and new wiring and new walls and interiors because I'm taking the same structure and using it, and of course that is open to interpretation with the judges and all. Mayor Suarez: Not quite, because sometimes the Code and the history of a particular site and a particular use is such that what is prescribed by the Code -doesn't make all that much sense, for example, putting a wall between the two l"ots doesn't really make much sense either, but anyhow, and actually would inure to 'the benefit of the whole community to have a wall, you know, before you go into actually residential, but... Mr. Valledor*. Mr. Mayor, I can understand that, but in the original conception, the original proposal and the sense. original agreement, it did make -4ayQr Suarez': Yes, that's true. ;r, alledora Right, M#�Yor* Sks"res, . Yes, if th;y'd not used that other' lot for what they User, it ►oil have merle se'ase:' yr, Valledors Might, to you know, they can leave the other lots thought, but the question thought was brought up that they do have that driveway, Commissioner Plumer, on the north side of the property. Now are they going to get into the garage, where the garage of that house is located on the southeast side of the property, right through the parking lot, to that's the question sir, and that's it. Mr. Plummer'. Let roe answer your question, roost people today who have driveways park in the driveway, so the garage is not necessary, but I'm not arguing the point. The question was raised, was there access, and the answer is yes. Mr. Valledor: The point that we'd like to stress again is that there is an Agreement that's made, the agreement was violated. If you allow this to go through with a slap on the wrist, we're not.,. you are sending out the wrong message to everybody in the City. I don't think that's the message that you want to send. Thank you very much. Mayor Suarez: Thank you. .3_ Mr. Jiro McMaster: My name is Jim McMaster 0), 2940 SW 30th Court, Coconut Grove. I normally only appear here on Coconut Grove issues and this is a Coconut Grove issue, it's an issue very important to the entire City. This is not a case where a person is come in having built something without pulling permits or without going through any City agency. This is a case where the applicant went to the Zoning Board appointed by you City Commissioners, a compromise was reached, plans were approved and this person went out and did whatever they wanted to do. I don't think there's anyone in this room who feels safe in their home, anyone in this room who feels that their neighborhood is improving, anyone in this room who feels that this City is completely in our control. Our society and our City are falling down around us. If you allow people to come before an appointed City board, agree to plans, file those plans, build something entirely different and come back to you gentlemen and just overturn it, then where does it stop? Please support your Zoning Board, thank you. , (Applause) Mayor Suarez: Steve. Mr: .Steven Cooke Yarborough: _ My name is Steven Cooke Yarborough, I live at 3555 Crystal View Court. I'ra vice president of the Tigertail Association. Our :association,._ as you know, is alwaysfighting to save our residential neighborhood from ,the encroachment of people who want to get concessions all the .tin. e on the zoning ordinance. The zoning ordinance is there, it should be upheld or it should be destroyed. We, therefore, urge you, in this case, to support the'decisions of your Planning Board. Thank you. M.'s Jane Theme.opolis: I'm Jane Themeopolis, I support these gentlemen because I>have a, similar problem also. I thank you. I like to get brief to my case. Thank you. Y.aygr Suarez: Congratulations on being the briefest. At you: risk, counselor. M. Cardenas::, I_don't like to assume such a posture, Mayor, but I'll conclude by restating that both of these slots, as shown by counsel, have been and were ;.rssidrantial; - na, leave the. -former -one there, . Guillermo• I'm glad he brought that because it better depicts a situation than mine did. The only fault with premise -that ;.both;,staff and counsel had stated is that when talking about thtr 250 square feet and the formula and so forth, they never count the sructors,where ha pitza,,parlo.r was.. That's :item Number one ,and that's their ool.em,','Numb4r_.;.two,,if you'll see the attachment to the structure there that right wh4r.,.it': being marked, ,it goes between lots 4 and S and if you also k c4.klt, tineteat imony that; a+as given_ here ,that people have always parked' in the . s..:it;'s.,o�a?►io�s :to: cr�ncJude then thpt both lots Ara residential. That both lots have been used for commercial purposes and that both lots have been y ran a ars in :ss leg#1 nonbon p Froing uses. And .what we "re requesting from 4 today :,era ,, rega¢st , saad.s .be ause that,'.s how stiff require t.hit. that .be a a �:, t+t •t lost two of shops three requests, in say opinion, shoraldn't eViln baba sr 14497 legally inherited right purposes. At Any rate, we to at y 1+01 'sousin . O;yQw in favgr of the tl1�CRe rss�u+asss in terms of our cI in'. hawing" r , learned her lesson, I &$sure you that the financial burden that she has faced here is far beyond her capacity to face up to it including the plans that are before you that we submit as part of our proposal and that's not a slap on the wrist, that's a knock on the head. Thank you. Mayor Suarez: Let me say two things to your client. One is, she's made two Mistakes, in my view,. One is to constantly, almost in a systematic way, ignore the restrictions of the City and violate the text of the ordinances and I hope that in the future, because I intend to vote with your application, in the future she somehow it is brought to her consciousness that she cannot do that any more and somehow I'm not too sure she's gotten that impression. The other mistake she made is she alienated some of the people on the opposing side with tactics that are not very intelligent and one specific one, who's family is here, I don't see him here, is Arsenio Milian, and that's a big mistake in my book. So, she ought to be taught a little bit better citizenship in handling her affairs, particularly when she's the one essentially in the wrong as to the violations and, you know, as for myself the rest of the arguments all favor her but those two things I hope that will be brought to her consciousness rather emphatically. =� Mr. Fitzsimmons: Mr. Mayor... Mayor Suarez: Please. Mr. Fitzsimmons: Mr. Mayor, could I just ask one thing so that we have a record. Could you clarify it with Building and Zoning whether that second structure has had any commercial use in the last five years. Mayor Suarez: We could.put that into the record, as far as we know. Do you know the answer to that question, Guillermo? a;,- 11 Mr. Olmedillo: Joe Genuardi. Mayor Suarez: Mr. Genuardi., Joe. Mr. Joe_ Genuardi: Our zoning inspector visited the site before the application was accepted and he said the structure was being used as a wood shop of some kind, work shop. Mr. Plummer: Well, the real question is, was the pizza joint there in the last 5 years? I don't remember when it went out of business. I know the radio shop was there for the longest period of time and then the pizza joint come in afterwards and I don't remember* when it went out of business but I don't think there's any question in anybody's mind that it was a cor..mercial use on that particular old building on the corner. I don't think that's being questioned. Mr. Fitzsimmons: - Mr. Pi=_ner, my question is they're asking for additional nonconformming use based on an existing nonconforming use which hasn't been existing for over a six month period which precludes them for asking for additional. Mr. Plummer: The loss of the nonconforming, I understand where you're coming from. ' Hr. Fitzsimeons: So, I don't think there's been a certificate of use on it for :quite ,sometime. Mr. 'Plummer; Are we open now, Mr. Mayor, for questions? Mayor Suarez: Yea, absolutely. ter, Plummet; -at me r,aa if I can do this systematically. On the 3rd one, let me :start with that ono, The fifteen foot setback, could you all move out of Please? ' 'Mr. they wady, You'ro not that short .. on that particular, if we irt►Poae that 1S foot setback, what would that do to the present parking _ are yt�u talking a aut,a 15 f9Ot setback ill the way to the back? It'll be from. 23r4 Straet; from the property line on 33rd zras. What vll elimn#pie or t iaast Will force retonfguratio;i of the ,a f t, 24 All J !!r: Plumer: How many parking spaces would be lost that are there presently, legal or illegal, if you were to impose that 15 foot setbackl Hr, Olmedillo: If you're counting all the parking spaces, one through nine will be affected. Hr. Plummer: But how many would you loset Mr. Olmedillo: .... be configured, you may gain a few of them. But you will affect nine now. You can reconfigure and get something else. Mr. Rodriguez: You might be able to get back of the nine, you might be able to get back four or five. Mr. Plummer: That's it, so you would effectively lose five parking spaces. Mr. Rodriguez: Four parking..... Mr.Plummer: Half of what's on that side. Mr. Olmedillo: That is correct. Mr. Plumper: OK. You know my total opposition to solid walls. To me, they're a Chinese barrier and 'I am totally opposed to Chinese walls, solid walls, And that doesn't appeal to me. They offered it as a compromise and I have to tell you, to me, I don't like solid walls, they cut out the breeze, they cut out everything that looks nice of a residential and they make it look like a fort. What other alternative could be used instead of a solid wall? Mr. Olmedillo: Hedges, landscaping... Hr. Olmedillo: On the transitional use is one of the eases that we allowed. Mro Plummer: OK, did the Planning Department base any recommendation had they gbne through the legal process of an application applying for a conditional use on that particular lot as to whether or not you would grant that particular use as a conditional use for parkingl Mr. Olmedillo: If that were the case, we would have recommended a buffering area between the next house on 23rd Street because one of the people affected will be this neighbor because of the traffic corning in and out of that. so we 1 will... _ Mr. Plummer: OK, assume you asked for a setback of five feet or 10 feet. Mr. Olmedillo: Or maybe twenty. Mr. Plummer: OK, but I'm saying is, would you have recommended that if it was a legal application with the appropriate setbacks, would you, in your thinking, feel that it's proper? Mr. Olmedillo: With the appropriate setbacks, yes, sir. Mr. Plummer: So, in effect what I'm saying is, had they gone through a legal procedure, had they met the regular setbacks, you feel that your department would have recommended that use for this structure. Mr. Olmedillo: Not for the structure. x Mr. Plure.�ner: Well, for this application. Mr.. Olmedillo: For the lot, for the lot. - Mr. Plunrner: OK, thank you. Mr. Rodriguez: With some other requirement. ! Mr. P1"ur=er: With conditions it could be and urobably would ba rarnmmav4A&A me Mr, Cardenas. .. square foo'tige that i ippli'dible figure. in the formula this building because if they took the eras removed here, that one percent would not be an Mr. Plummet: One percent of 1800 feet is what? He. Cardenas: Iwentyyeight. Mr: Plume tr: We're talking about... !' Mr. Fitesimmons: Try to put a hundred of those in.... ! Mr. l'lutcieers Huh? I Mr. Fit %summons: I said, try to put a hundred of those additions in the square and you can't do it. It's more like 8 percent, I think, eight or nine percent. Mr. Plummer: All right. Mr. Rodriguez. Mr. Rodriguez: Yes, sir. Mr. Plummer: You would feel that what you would be looking for if you were to approve L this conditional use would be at least 10 feet setback from the property line? Mr Rodriguez: From the property line at the one... Mr. Plummer- Adjacent to the residential. Mr.`Rodriguez: No, I will ask for much more than that. `Mr.`Piu:mmer: All right, how much more? Mr . Rodriguez: I would like to make sure , that there will be access to the residential propert'y... Pluw�ner: "No access. t'r Rodriguez:`: ... access to the residential L' 6 property through- 23rd. : kti N- Flu.—aer: You mean, in addition to that on the north 'side of the grocery? Y.r Rodriguez: I will eliminate that one :because what I think that is doing, i# that -'is perpetuating the connection of the eon-nercial and residential property and i think t.h&tL if you're going to take an 'action today, you should` clearly. .. estihlish':'the re should be a wall and a separation completely all the way ` through from the residential property and the commercial property. If I may go oyez Llere.. , ummer: Well,`he's got `the pen up there if' that 's what you're. Mr. Rodriguez: OK,.what I will do is, I Will move from the property line that is on tht east, i wiil'` move aviy' from ,it: two to three `lots through' three ps-spaces', And I 'will put a wall through that parking area in _ effect raking therm ,lose two spaces in the top:, two spaces in the bottom and provide } caess to; the 'residential area 'in" the back' and provide a landscape area ail khs y through; aacer,t to'the other next lot that will be residential. !'. Mummer. ilhy` would"`you be canting a 20 foot wide drive when we norsaaliy ' �a�ke ten 1 fir» �At+� €l per, i'M saying 2Q foot wide with a separation, part Of which Will ing, on port`'"of �►hittl yi11 be the acsesa to tie residential area :ct�rp fi. Lhi�t Free, , ' Sf May go there, £' r' l�uxtfstand� .i h�v a problem with. , . 9 1 P '; #3 k �. �h� ti athink iL aalready here, chit X. vat.3 i io With, Y z "' h �i pit # e��►y ` a ;� p.t�n� by for -b#twee ., � _ ri'a3i'.{"3'e?AMhY�48,'547.ie 4�i'. '�i. r a, ,. .. . .. - .w •. ...! ra _ Y . .t .. r - F1:•i!. _ _. would provide access to this property through 23rd because this is the residential property, I will put a solid will all the way over here blocking all the way through and connecting over here and I will allow no access through here to the residential property in the back. Because I think the idea here today should be to establish once and for all the separation from the residential area from the commercial area and that's what I think that we have -recommending in the past having a wall all the way through. Mr, Plummer: Would you establish that that wall does not have to be over say, three feet? Mr. Rodriguez: I will go with a higher wall in the sense that you should be able to separate completely, maybe the way is handled is by having a portion of it be masonry and the upper part being railings or whatever, but I will definitely establish a clear barrier that will be physically and psychologically there for people to know that this is the end of the residential area and the beginning of a commercial use. Mrs. Kennedy: Yes, you need at least five feet, I think. Mr. Plummer: But not solid. Mr. Rodriguez: Well, that's my recommendation. Mr. Plummer: Solid cuts off air, it cuts off light, it cuts off everything. Mr. Cardenas: I will tell you, just for the record, that the one thing that the neighborhood association requested above everything else when the matter was discussed with members of the association was that there be no access, no vehicular access, to the property through 23rd Street and that is the reason why the site plan that was submitted this way was so prepared because the number one concern that had been expressed in terms of the layout of the situation, was the vehicular access on 23rd Street, that was by a neighborhood association. Mr. Plummer: I understand what he's saying. The only disagreement I have with him is, you know, I personally and I'm -going to put it right on the 3 record right up front, I shop in this store all the time. To me, it is the most convenient place in my neighborhood to shop. I go to 7-Eleven, they 'charge me 30 percent more and the parking in front of that damn 7-Eleven is absolutely atrocious. If I go to the Winn Dixie, it's a nice store, but I':.: in there an hour waiting to try to get out of that store. So I got to this store probably two or three times a week. Now, that sakes me very f am:l iar with the problems there and what I'm trying to do, without doing conversely damage, is to try to get as many parking spaces on the premises without - H_ because you know what's going to happen if you don't have the parking, they're goingto 'park all the streets and all over the neighborhood - and that's what bothered me. (Applause) :< Mr, Plummer: That's not necessary. I appreciate it, but it's not necessary. I've asked' all ay questions: ?!:. Olmedillo: Mr. PIur.:ner, in this solution, you have nine parking spaces in his=pat`3cular solution. d .. Mr. Plu=er; Well, in this solution, you lose four. That's what I'm looking AOt:.`1*6r many you "gain, it's - huh? :3NAUDI3LE-COKMENTS NOT ENTERED INTO TH: PUBLIC RECORD. ;�. Plummer: But `',it's` not, it's not a walk up grocery. !#ayor Suaaz: ©n 37th Avenue walk up grocery, you know, let's face it, it's t 439r-- th0roughf aria. :"Hr, DeYvrrei This theory.is'not acceptable to me, you know, it just doeSa't Fake any sense +end I'm ready .to make a motion if everybody's ready. .p}`� mite QK, we've gQt. to decide and, hopefully, maybe try on more item �• .'f 3 ' _ .. f r 0 Mr. Plutbtaer: At 8t4S? Mayor Suarez: Yes, vice Mayor. Mr. De 'Yurre: Is this number 157 OK, now we're talking about walling in... Mayor Suarez: Preventing access on 23rd Street. Mr. De Yurre: and a concrete wall, how high? Mr. Cardenas: The wall that was proposed and the site plan that's going to be submitted as pat of the record on the east side was 8 feet and the one on the south side was proposed to be 6 feet. Mr,. De Turret Do we have the neighbor that lives right next door to the property? INAUDIBLE COMMENTS NOT.ENTERED INTO THE PUBLIC PLECORD. Mr. Plummer: No, on the ,east. Mr. De Yurre: No, I'm talking about right next door. UNIDENTIFIED SPEAKER: Mrs. Spencer, she's not here. r�: 6: Mr. plu ,er: Sure, it doesn't give people places to hide behind and knock you in the damn head to steal your purse. Not my purse, of course. Mr. Cardenas: What's fine. Mr. be Yurre: Well,.. (Applause) Mr. Plummer: That's fine. Mr'. De Yurre: They can't steal your purse because that thing goes all the way around unless they start climbing that 8 foot wall. Mr. Plum ter., You don't know the crooks in my neighborhood. All I'm asking is... Kr. De Yurre: What I would say, I'd go as far as saying let her decide, she's the one that lives next door to them. Mr. Plummer: No, no. All I'm saying is that I can vote for that based on a wall that's solid, not to exceed 3 feet and I go along with the 6 feet and the 8 feetaboveit, if it's done in an open manner but still a wall, a retainer. Hr.,Cardenas: Wrought iron. Mr. Plummer: Wrought iron. I have no problem with that and I think it's a good solution. Mrs. Kennedy: I don't know, my... :fir,• <., _ {i s lM i Mir. Plutcmer: Whet would be... Mr. tuaret Rivas: Is that an amendment and does Vice Mayor be Yurre accept it? The amendment from Commissioner Kennedy to enclose the Lotto... q Mayor Suarez: The Lotto window, you mean the one that some people think mightMI be used for Lotto, but right now has bars? Or the other one which... Mr. Plummer: I was going to get to that later because I think... UNIbrNIIFIP;b SPEAK—rR: Honorable members of the court... can I say one word, please? Mayor 5uarer: Please, please, please, please explain to your client that we're trying to hammer out a compromise here or to the supporter. "} Mr. Plummer: The public hearing has been closed. Mr. be Yurre: I'll go along with... Mi. Plummer: Aren't we going the cart before the horse here? Shouldn't we be doing 17, the conditional use for parking, before we do 157 I mean, if 17, for some reason doesn't pass, 15 what we've done is absolutely... Mr. Rodriguez: Fifteen is parking. Fifteen is a parking. Mr. Rivas: Fifteen is parking. Mayor. Suarez: While we figure out the substantive aspects of this and what you're going to build into the motion, please tell us, you figure out which one we vote on first. Let's not get into an argument about which one we vote on first, please. Hr, plut► er: No, that's not the normal use of a review in one year. The normal use is the fact that in one year, if you don't like it, you can say, sorry, good=bye and it's over. Mr, Cardenas: But these issues before you this evening are not those type of issues. Mr. Plummer: It's not whether you broach theta or you don't broach them. Mr, Cardenas: Right. Mrs, Kennedy: Well, I guess it's also saying to the people out there that there is a process. That it just can't make fun of the Zoning Board and the Planning Board and your City Commission. That there is a process that has to be followed. Mr. Plummer: All right, then what I understand the motion before the floor is, one, that there would be an eight foot retainer on the east portion of the property. There would be a six foot retainer on the south portion of the property. All ingress and egress would be on 17th Avenue. The wall would be a maximum solid at 3 feet and the remaining portion to be in wrought iron and that there be a one year review. Madam Kennedy... Mrs. Kennedy: Um hmm. Mr. Plummer: ... a one year review and that is the motion before us. Is that correct? Mayor. Suarez: Maker accept all of those? .k004 r 04 Mayor Suarez: Seconder oat: accept that. �e have a motion and a second, Any further discussion? If not- ,-Hr. Rivas: Just a point of order, you're voting to reverse the ,Zoning Board's _. decision and... 4 Mayor Suarez: Uhich one should we vote on first? Mr, Rivas: ... that's 15, to reverse the Zoning Board's... Mayor Suarez: On PZ-15 we would reverse the Zoning Board's decision. - Mr. Rivas: Right. Decision denying the special exception and granting it i I with these conditions herein imposed. _ { Mayor Suarez: So moved and seconded. j Mr. Dawkins: Fifteen. ` Mr. De Yurre: Yes. Mayor Suarez: PZ-15 is a resolution, right? Call the roll. t The following resolution was introduced by Commissioner De Yurre, who I moved its adoption: " } RESOLUTION N0, 89-414 Y, A RESOLUTION REVERSING THE DECISION OF THE ZONING '{ BOARD AND GRANTING A SPECIAL EXCEPTION FROM ORDINANCE �'. NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2, ;.� TO PERMIT THE EXISTING OFFSITE PARKING FOR TF'.B PARKING OF PRIVATE PASSENGER VEHICLES ONLY FOR THE PROPERTY ° LOCATED AT 1681 SOUTHWEST, 23RD STREET (MORE K PARTICULARLY DESCRIBED HEREIN) IN CONJUNCTION WITH EL } MILAGRO_MARKET, LOCATED AT 2289 SOUTHWEST 17TH AVENUE; W ' ZONED RG-1/3 GENERAL ONE AND TWO FAMILY), SAID GRANT BEING SUBJECT TO APPLICANT'S COMPLIANCE,WITH TF:E .CONTINUING CONDITIONS SPECIFIED IN d{. SECTION HiEREIN; SUCH SPECIAL EXCEPTION HAVING BEEN _. -FILED IN, CONJUNCTION %;ITH A VARIANCE REQUEST TO. ALLOW THE EXISTING.OFFSITE SURFACE PARKING LOT. (Here follows body of resolution, omitted here and on file in, the Office,of the City Clerk.) ; -Upon being seconded by Commissioner Plummer, the resolution was. passed- `";.- and adopted by the following'votes AYTS .Commissioner J..L. .Plurxner, Jr. Commiseiaaer Rosario Kennedy +' Vice'Mayor Victor De Yurre ,, .tJay{or.Xavier.. L, Suarez r -Commissioner; +� Killer Dawkins C ?01'iE1 TS 101 PURINGG RQLL CALL S !lrs, Kennedya With all the provisions established, I vote yes. 10=' ROLL CA.I.i.:. 1is ►�r .S�►sras3 . 'Zl14, resolution on the issue of., r Y Ili W R, b Aft, { rep. K., NTi . .. } j ._-. �h.s•24. ,... ._,3:. ",, _. 'ilL i.. This is for the lot in the back. To increase it one percent. Mr.;Rivas., One percent, increase.... Hr. Olroedillo: t :Mr. Plummer: °`Mayor Suarez: Mr. Plummer: Mayor Suarez: to... No, fifteen was for the lot. Oh, the one percent. OK, we need a motion to... OK. ... with the same provisos to just in case they apply to PZ-16, 'Ti tNIDENTIPIED SPEAKER: I'll close it myself. Mr. Plummer: Based on that, I'll move item 16. Mr. Rivas! Commissioner Plummer... Mr. Plurmnert Sir. Mr. Rivas: ... you're moving to reverse the Zoning Board's denial of special exception with the conditions stated by you herein. Mr. Plummer: That is correct, sir. Mr. De Yurre: Second. Mr. Dawkins: And you're allowing them... UNIDENTIFIED SPEAKER: Eliminate, eliminate the... Mayor Suarez: Please, please. mayor Suarez: ?iy11, companion item. Hr. PluMmer: That now speaks to the conditional use of that lot for parking, Hr. Olmedillo: That speaks to the variance because of the set back on 33rd Street, yifteen vas that. You took care of it. Mr. Plummert Then I goofed up somewhere along the line. Mr. Olmedillo: You took care of it on 15. That was... Mr. Plummer: No, let roe tell you what I've overlooked because I can't do it with this motion, I don't think. Mr. Olmedillo: On a variance, you may apply conditions. Mr. Plummer: OK, then that's fine. Mr. Dawkins: You got one minute, man. Mr. Plummer: I'm a minuteman? Mr. Dawkins: You got one minute. Mr. Plummer: OK. No, that's not, true. According to our policy, the last I item is the last _ item. Mr. Rivass ... to deny the variance with the conditions stated. Mr. Plurber: t stand corrected. Mr. De Yurret You got a second. Mayor Suarez: Moved and seconded, Any further discussion? If not, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 89-416 A RESOLUTION REVERSING THE DECISION OF 77HE ZONING BOARD AND GRANTING A VARIANCE FROM ORDINANCE 9500, AS AMENDED, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2.1 (C), TO ALLOW THE EXISTING OFFSITE SURFACE PARKING LOT WITH A FRONT YARD OF 5 FEET (15 FEET MINIMUM FRONT YARD REQUIRED) FOR THE PROPERTY LOCATED AT 2289-93 SOUTHWEST 17TH AVENUE AND APPROXIMATELY 1681 SOUTHWEST 23RD STREET ZONED RG-1/3 GENERAL RESIDENTIAL (ONE -AND TWO-FAMILY); FURTHER REQUIRING THAT THE DRIVEWAY ON THE NORTHERN PORTION OF THE PROPERTY LOCATED AT 2289- 93 SOUTHWEST 17TH AVENUE BE USED SOLELY FOR Ti% RESIDENT OF THE IMMEDIATELY ADJACENT HOME, SAID VARIANCE REQUEST HAVING BEEN FILED IN CONJUNCTION WITH A SPECIAL EXCEPTION APPLICATION TO ALLOW THE EXISTING OFFSITE SURFACE PARKING LOT AND WITH A SPECIAL EXCEPTION APPLICATION TO ALLOW AN EXISTING 1% INCREASE TO A LEGAL NON -CONFORMING USE, THE HEREIN VARIANCE BEING SUBJECT TO A TIME LIMITATION OF 12 MONTHS WITHIN WHICH _A BUILDING PERMIT MUST BE OBTAINED FOR THE CONSTRUCTION INVOLVED IN THE INCREASED NON -CONFORMING USE ALLOWED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed :." and adopted by-the,following vote: AYES: Coe:caissioner J. L. Plum^:er, Jr. Commissioner- Rosario Kennedy Vice Mayor Vector.De Yurre Mayor Xavier;L, Suarez NOES;., Commissioner Miller Dawkins ABSENT! Co NMEh'TS MADE DURING,:.ROLL CALL: Mt.; PYummers , Before I. vote, firs. Concepcion, firs. Concepcion. t1Nim"TirIED SPEAKER; Right here. B tsseraer� Sofore vote, I want you to know that I'm you; friend, I'm a custoMer.but , by God, .if you break one of these regulations, I'm going to turn �lzs, J+a#gU;ne Concepcion: promise you, I promise. lY. Da +k _ n; On" ,your Girl ScoUt' 4or. Bacsvee I go there eil tics 'time, 3 AsB9Qtlt r ,S,x�f,� l � F`�[�;i"6 t ,, 1 .,1e s . +7"3.t■�'Ay{ 3� ,£� � *1�{t. 1A}; Vz Mrs. Kennedy: Arid he's rived to much about your grocery, I'm going to be a customer. Mr. Plummer: There .rent the property values. W iYirri.wi----------------------------------------------- M-r-r.rri-ii i.ir-J..ri.-rw.i.. 56, CONTINUE CONSIDERATION OF PROPOSED CLOSURE RESTRICTING VEHICULAR ACCv-SS TO S.W. 2ST14 STREET AT INTERSECTION WITH S.W. 26TH AVENUE AND S.W. 21TH LANE, ON A TRIAL BASIS, WITH CONSTRUCTION or TEMPORARY BARRICADES. ------------- ------------------------------------------ --------------------- UNIDENTIFIED SPEAKER: Excuse me, Commissioners. Could I respectfully ask that item 18 be set a specific time next month? It's been the 5th month in a row ve've had 20 or 30 people here, please. Mayor Suarez: Yes, yes... Mr. Plummer: Item what? UNIDENTIFIED SPEAKER: Eighteen. Mayor Suarez: Why don't we try for - well, we said six on... Mr. Rodriguez: Today. UNIDENTIFIED SPEAKER: P2-18. Mayor Suarez: Which one did we say six on? 0 J-89-195(b) 4/27/89 RESOLUTION NO ► &3**4111 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A SPECIAL EXCEPTION FROM ORDINANCE NO► 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2, TO PERMIT THE EXISTING OFFSITE PARKING FOR THE PARKING OF PRIVATE PASSENGER VEHICLES ONLY FOR THE PROPERTY LOCATED AT 1681 SOUTHWEST 23RD STREET (MORE PARTICULARLY DESCRIBED HEREIN) IN CONJUNCTION WITH EL MILAGRO MARKET, LOCATED AT 2289 SOUTHWEST 17TH AVENUE; ZONED RG-1/3 GENERAL RESIDENTIAL (ONE- AND TWO-FAMILY), SAID GRANT BEING SUBJECT TO APPLICANT'S COMPLIANCE WITH THE CONTINUING CONDITIONS SPECIFIED IN SECTION 2 HEREIN; SUCH SPECIAL EXCEPTION HAVING BEEN FILED IN CONJUNCTION WITH A VARIANCE REQUEST TO ALLOW THE EXISTING OFFSITE SURFACE PARKING LOT. WHEREAS, the Miami Zoning Board at its meeting of February 13, 1989, Item 4, following an advertised hearing, adopted Resolution ZB 25-89 by a seven to two vote (7 - 2), denying the Special Exception from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2018, Subsection 2018.2, to permit the existing offsite parking for the parking of private passenger vehicles only for the property located at 1681 Southwest 23rd Street, Miami, Florida, also described as Lot 4, Block 2, WOODSIDE, according to the plat thereof, as recorded in Plat Book 5, at Page 28, of the Public Records of Dade County, Florida, in conjunction with El Milagro Market, located at 2289 Southwest 17th Avenue; zoned RG-1/3 General Residential (One and Two -Family); which Special Exception was filed in conjunction with a Special Exception request to allow an existing It increase to a legal non -conforming use and with a variance request to allow the existing offsite surface parking lot; and WHEREAS, the applicant has taken an appeal to the City Commission from the denial of the Special Exception; and 91- 249 60 60 WHEREAS, the City Commission, after careful consideration of this matter, finds that the application for a Special Exception meets the applicable requirements of Zoning Ordinance 9500; NOW, THZREFORE, BE IT RESOLM BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1. The decision of the Zoning Board in denying the Special Exception from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2018, Subsection 2018.2, to permit the existing offsite parking for the parking of private passenger vehicles only for the property -s located at 1681 Southwest 23rd Street, also described as Lot 4, Block 2, WOODSIDE, according to the plat thereof, as recorded in Plat Book 5, at Page 28, of the Public Records of Dade County, Florida, in conjunction with E1 Milagro Market, located at 2289 Southwest 17th Avenue; zoned RG-1/3 General Residential (One and Two -Family) is hereby reversed, said Special Exception request, which was filed in conjunction with a Special Exception request to allow an existing 1% increase to a legal non -conforming use (c) The applicant shall fully extinguish, remove or otherwise preclude any vehicular access, including egress and ingress, to or from E1 Milagro Market, except from Southwest 17th Avenue. There shall be no vehicular access to E1 Milagro Market from Southwest 23rd Street. (d) The applicant shall submit a landscaping plan to the Planning Department for the department's reasonable comments, review and approval, and shall thereafter install and maintain landscaping in accordance with such approved plan. (e) The applicant shall promptly pull building permits for all work, construction and materials, and shall have all of the work completed within ninety (90) days of the date of the granting of this Special Exception. (f) The applicant shall return to the City Commission in one (1) year to assure continuing compliance with these continuing conditions and the procedures, standards and requirements established herein. PASSED AND ADOPTED this 27th day of -,.Apr , 1989. ATT T• XAVIER . SUAREZ, MAYOR 0- J-89-196(b) �/27/89 RESOLUTION NO. B9.. 415 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A SPECIAL EXCEPTION FROM ORDINANCE 95001 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 2105, TO ALLOW AN EXISTING 1% INCREASE TO A LEGAL NONCONFORMING USE (GROCERY STORE) (25% MAXIMUM INCREASE PERMITTED) FOR THE PROPERTY LOCATED AT 2289-93 SOUTHWEST 17TH AVENUE AND' APPROXIMATELY 1681 SOUTHWEST 23RD STREET (MORE PARTICULARLY DESCRIBED HEREIN); ZONED RG-1/3 GENERAL RESIDENTIAL (ONE- AND TWO- FAMILY); FURTHER REQUIRING TIMELY REMOVAL OF A WALK-UP WINDOW AS A CONDITION TO THE GRANTING OF SAID SPECIAL EXCEPTION, WITH SUCH SPECIAL EXCEPTION HAVING BEEN FILED IN CONJUNCTION WITH A VARIANCE REQUEST TO ALLOW THE EXISTING OFFSITE SURFACE PARKING LOT AND FURTHER IMPOSING A TIME LIMITATION OF TWELVE MONTHS WITHIN WHICH A BUILDING PERMIT MUST BE OBTAINED FOR THE CONSTRUCTION INVOLVED IN THE INCREASED NON -CONFORMING USE ALLOWED HEREIN. WHEREAS, the Miami Zoning Board at its meeting of February 13, 1989, Item 5, following an advertised hearing, adopted Resolution ZB 26-89 by an eight to one vote (8 - 1), denying the Special Exception from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 2105, to allow an existing 10 increase to a legal non -conforming use (grocery store) (25% maximum increase permitted) for the property located at.2289-93 Southwest 17th Avenue and approximately 1681 Southwest 23rd Street, also described as Lots 4 and 5, Block 2, WOODSIDE; zoned RG-1/3 General Residential (One- and Two -Family); which Special Exception was filed in conjunction with a variance request and a Special Exception request to allow the existing offsite surface parking lot; and a time limitation of twelve months in which a building permit must be obtained; and WHEREAS, the applicant has taken an appeal to the City Commission from the denial of the Special Exception; and .WHEREAS, the City Commission, after careful consideration of ;this matter, finds that the application for a Special Exception meets the applicable requirements of Zoning Ordinance 9500; CITY CC'D1INUSSIO lGoETING OF APR 21 W9 91-- 249 4960�VTJON Ao. '9-41 NOif i THEREFORE, SE IT RESOLVED Sit THE COMMISSION OF THE CITY OF MIAMI, PLORIDAs Section 1. The decision of the zoning Board in denying the Special Exception from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 2105, to allow an existing it increase to a legal non -conforming use (grocery - store) (25% maximum increase permitted) for the property located at 2289-93 Southwest 17th Avenue and approximately 1681 Southwest 23rd Street, also described as Lots 4 and 5. Block 2, WOODSIDE; zoned RG-1/3 General Residential (One- and Two -Family), which Special Exception was filed in conjunction with a variance request and a Special Exception request to allow the existing surface parking lot, is reversed and the Special Exception is hereby granted with a time limitation of twelve months hereby imposed within which a building permit must be obtained for the construction involved in the increased non -conforming use allowed J-89-197(b) 4/27/89 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE FROM ORDINANCE 9500, AS AMENDED, ARTICLE 20, SECTION 2018, SUBSECTION 2018.2.1(C), TO ALLOW THE EXISTING OFFSITE SURFACE PARKING LOT WITH A FRONT YARD OF 5 FEET (15 FEET MINIMUM FRONT YARD REQUIRED) FOR THE PROPERTY LOCATED AT 2289-93 SOUTHWEST 17TH AVENUE AND APPROXIMATELY 1681 SOUTHWEST 23RD STREET; ZONED RG-1/3 GENERAL RESIDENTIAL (ONE- AND TWO-FAMILY); FURTHER REQUIRING THAT THE DRIVEWAY ON THE NORTHERN PORTION OF THE PROPERTY LOCATED AT 2289-93 SOUTHWEST 17TH AVENUE BE USED SOLELY FOR THE RESIDENT OF THE IMMEDIATELY ADJACENT HOME, SAID VARIANCE REQUEST HAVING BEEN FILED IN CONJUNCTION WITH A SPECIAL EXCEPTION APPLICATION TO ALLOW THE EXISTING OFFSITE SURFACE PARKING LOT AND WITH A SPECIAL EXCEPTION APPLICATION TO ALLOW AN EXISTING 1% INCREASE TO A LEGAL NON- CONFORMING USE, THE HEREIN VARIANCE BEING SUBJECT TO A TIME LIMITATION OF 12 MONTHS WITHIN WHICH A BUILDING PERMIT MUST BE OBTAINED FOR THE CONSTRUCTION INVOLVED IN THE INCREASED NON -CONFORMING USE ALLOWED HEREIN. WHEREAS, the Miami Zoning Board at its meeting of February 13, 1989, Item No. 6, following an advertised hearing, adopted Resolution No. ZB 27-89, by an eight to one (8 - 1) vote denying a variance as hereinafter set forth; and WHEREAS, applicant has taken an appeal to the City Commission from denial of the variance; and WHEREAS, the City Commission, after careful consideration of this matter, notwithstanding the denial by the Miami Zoning Board,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, FLORIDAs Section 1, The decision of the Miami Zoning Board in this matter is reversed and tha ., .Nor S R 2018.2.1(c), to allow the existing offsite surface parking lot with a front yard of 5 feet (15 feet minimum front yard required) for the property located at 2289-93 Southwest 17th Avenue and approximately 1681 Southwest 23rd Street, also described as Lots 4 and 5, Block 21 WOODSIDE, as recorded in Plat Book 5, at Page 28, of the Public Records of Dade County, Florida; zoned RG-1/3 General Residential (One- and Two -Family) is hereby granted subject to a time limitation of 12 months within which a building permit must be obtained for the construction involved in the increased non -conforming use allowed herein, said variance request having been filed in conjunction with a Special Exception request to allow the existing offsite surface parking lot and with a Special Exception request to allow an existing 1% increase to a legal non -conforming use, is hereby granted. Section 2. This variance is conditioned upon the express continuing condition and safeguard that the driveway located at the northern perimeter or portion of the property located at 2289-93 Southwest 17th Avenue, shall be solely and exclusively used as a driveway for the occupant of the immediately adjacent residential dwelling, including only the occupant and guests of that home. A violation of this condition shall be cause for revocation of the grant of this variance by the City Commission or the'Miami Zoning Board. PASSED AND ADOPTED this 27th day of , 1989.. ATT T XAVIER L. UAREZ MAYOR MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BYs APPROVED AS TO FORM AND CORRECTNESS: L'� 2 ZONING FACT SHEET LOCATION/LEGAL 2289-93 SW 17 Avenue & 1681 SW 23 Street Approx. Lots 4 and 5 Block 2 WOODSIDE (5-28) P.R.D.C. - APPLICANT/OWNER Joaquin Concepcion 2289 SW 17 Avenue Miami, FL Phone 856-6360 Lucia A. Dougherty, Esq. _ 1221 Brickell Avenue-23rd Floor iK Miami, FL 33131 Phone 579-0603 { RG-1/3 General Residential (One and Two Family)- ZONING Special Exception as listed in Ordinance 9500, *� REQUEST as amended, the Zoning Ordinance of the City of Miami, Article 2105, to allow an' existing X (grocery increase to a legal nonconforming use store) (25X maximum increase rmitted). ,�- �j�`�, RECOMMENDATIONS , DENS_ The Special Exception as requested does PLANNING DEPARTMENT the intent of Zoning Ordinance 9500. f not meet The subject Special Exception is to permit a floor area increase of the nonconforming structure 'to a maximum of ` 25X; it does not' seem r reasonable in Tight of the previous `Special Exceptions granted in 1986, and that the, addition has already been built without, '" obtaining the necessary building permits. The the intent of the'Ordinance is not to°encourage survival of nonconforming structures. _ - PUBLIC WORKS No' comment.' F OADg•.COUNTY; TRAFFIC AND TggpQgTATION No comments. } 3 V Z.a ._Y-�.f�'Ct:i�'{. sr Ra* 4 ..L ..... _. x. .l .- _.. -. _ • . ♦ - a suLt�i% ZONING BOARD At its meeting of February 13, 19890 the Zoning Board adopted Resolution ZB 26-899 by an 8 to 1 vote, denying the above. APPEAL Fifty-five proponents and thirteen opponents were present -at the meeting. Six replies in favor and three objections were received by mail. t,= Request for City Commission Review from Lucia A. Dougherty received February 15, 1989. tm r r HISTORY .Zoning Board Mesting 4/7/86 REQUEST Special Exception to permit a 25% increase in floor area to the existing nonconforming supermarket use. Special Exception to permit reconstruction of 242 sq. ft. of the existing nonconforming structure. Planning Department Denial of both Special Exceptions. Zoning Board Deferred by Administration. Zoning Board'4/21/86 Deferred both items for applicant to meet with neighbors. Res.'ZB 34-86 and ZB 35-86. Zoning Board 5/5/86 Granted both Special Exceptions subject to - landscape plan approval by Planning Department, an 8' wall alongside the east and south lot lines,.and a covenant prohibiting the use of the side window for snack bar. Zoning Board 5/18/87 Granted extension of time for both Special Exceptions. Ras. ZB 66-87 and ZB 67-87. Zoning Board He 4/4/88 REQUEST Variances to allow the propose increase to the existing market per aforementioned ZB' Resolutions, with a side yard of 0.0', 11.25' required; lot coverage of. 2,778.82 sq. ft., 2,732.86 allowed and providing.1,741.54_sq. ft. %P sq. ft . . of livability space, 1,960.53 required ^- Phsoniag:Aepartment Approval of the side yard variance, denial of the other two varianceN, Zoning Hoard Graated the three variances. Res. ZB 62-88. � f 4 , 2 91 ,.. N t z e: d u - � � '+' • i j y x • km F NowIL x_ Ai�il R �� ��, . ;• err N :. AWN -4" y ~i� (, - 1 �� i•, - \ M tom• �� vr ITr r•`> �'� ern ^ „�,;-=,..:.• a.---.• _� ^! - '""� . � ...r..•AL S Er Nm t A M, Jrim• �j'r 7.s � ~ ��j' -� ► � ._. � r . ice' \ w MIR `— dc ki W 7Y r MIMILME Q civil 3,M . 31IR O 11ulf mom"�' 1111L.2collm�l ,* 22 10 to 3 9 tt = N 6 e 10 ` 24's • 4 2! + so _ • 2t : t 24 1 1 2 3 4• S i T • ! 10 T 2T �. ! 2! "� ` : t 2• • 4 to M 5 i 30 29 • 2T 26 26 24 2 3 2 2 5 2! ► j 3 2T S.W. 24 TER. 3 1 ' 2 32 w 12 1 2 3 4 S 6• 9 10 1 ` y �Cc.*O. •: .3• :'�� s i 91.-� 249 . j Ft r 15 r' ^ '06 Request for City Commission Review Fi 1 e Number To: City Cleric, City of Miami Lucia A. Dougherty, on behalf of I, JoaquizutConcepcion hereby request review by the city Commission of the decision of the Zoning Board listed below. Date of Decision February 13, 1989 Ave. & approximately 1681 File Number S.W. 23 St., Lot 4 & 5, Block 2 of W ODS IDE - , P.R.D.M. Title Special Exception I am an aggrieved party to the decision in that: I am the attorney representing the applicant, Joaauina Concepcion. The basis for the request for review is as follows: CBe specific land attach additio=Z pages, if necessary.! a r tic: APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION File Number DSE-83 ,.,,,_ Within the City generally, or within certain zoning dUVIcts, certafn stnietures, uses, and/or oeeupdmes specified in this araMow* we of a nature ralu tring special and intensive rvAsw to determrie whether or not they should be permitted in specific loeatwA4 and if so, the special Umttattone, conditions, and a feguards which should be appUed as roaswwwy necessary to promote the genera purposes of. this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoftMo potenttaUy adverse sffecM It is further tnterided that the expertise and judgement of the Zoning Board be oxercised in making such determinations, to aca dance with the rules, considerations and limitations relating to Class D Special Permits and Special Exceptions. (See Article 26J Formal public notice and hearing is not mandatary for Class O Special Permits, but is mandatary for Special Exceptions. In other respects, these classes of speetal permits are the same. The Zoning Board shall be solely re*aw(bie for determinations on appUcations for Class D Special Permits and Special FieoptionS. Ali appUeations in these alas"s of emendations and the directory shalt male any Planning -the Department of f urthv r cads required by these regulations. I, hereby apply to the City of Miami Zoning Board for approval o , check ones Goss D Special Permit A 1 I C. . i attach the following in support or explanation of th'1s`: ipplication: ' 1. Two surveys of the property prepared by a' State dj , �lorida tegistered Land v 2. Surveyor. Four copies of: site plan showing (as required) property boundaries, existing and . proposed structure(s), parking, landscaping, screening, etc; building elevations (if required) with dimensions and computations of lot area (gross and net), LUI ratios (open space, floor area, parking, etc.), building spacing and height envelope. Sae Section 2304.2.1(c). = 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and attach to _application.). 4. Certified list of owners of realestate within 37S' radious from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application). ' X S. At least two photographs that show the entire property (land and improvements). 6. Other (Specify) A copy of the Unity of Title covering lots 4 and 5, Block 2, of "Woodside" according to the plat thereof recorded in Plat Book 5, Page 28, Public Records of Dade County, Florida, and copies of real property records ,. 7. Fee of S 1, 0 0 o 00 , based on following: (a) Class D 300.00 (b) Special Exception00.00 (c) Surcharge equal to applicable fee from (a) or (b) above 1 to exceed $400; to be refunded if there is no appeal (City Code Section 82 Signature "uthorigeTXgent Name Lucia A. Dougherty Address 1221 Brickell Ave.-23rd Floor w� City, State, Zip Miami, Florida 33131 i ' STATE OF FLORIDA) SS: } COUNTY OF DADE ) , Phone (305) 579-0603 (SEAL) SWORN TO AND Stk�sCRISED befor me this , g '�- day of 6 Dee A-4f �_c Notary Public,, 5tWe at orido at Lc ge MY COMMISSION EXPIRES: NOTAnY FVMC SATE OF FLC"?OA KY zcmx._%Mn EX?. JA!1'-u'IDsO I ,�3 - ... y Form 1O•3 ... ,,... _: Pogo 3 of 3 /9 ff. f'w ■ i now Q_WN R' S I L 1 Si' Whop Is Hari!Joaguina Concepcion . Meiling Address 2293 S. W. 17th Avenue, Miami, Florida Telephone Number Legal Description: Owner's Now Meiling Address Telephone Number Legal Description: Owner's Name Mailing Address . Telephone Number Legal Description: 856y Lot 5, Block 2, of "Woodside", according to the plat thereof recorded in Plat Book 50 Page 28, Public Records of Dade County, Florida Any other real estate property owned individually, jointly, r (by corporation, partnership or privately) within 375' oft the subject site is listed as follows: - Street Address Legal Description f Lot 4, Block 2,of "Woodside"; �vF 2289 S. W. 17th Avenue according to the plat thereof k Florida _Miami recorded in Plat Book 5, Page 28, - Public Records of Dade County, Fla. Street Address Legal Description r' Al A Street_. Address. Legal Description =no Imp O ,m { } 49 ^x x s d X t 19 )J 13 : orscuscrr of _ igrp 1. Legal description and street address of suoject real prtY: Lot 5, Block 2, of "Woodside"; according to the plat thereof recorded in Plat Book 5, Page 28, Public Records of Dade County, Florida; also known as 2293 S. W. 17th Avenue, Miami, Florida. 2. •Owher(s) of Subject real property and percentage of ownershic' Note: City of Miami Ordinance No. 9419 requires disclosure of all parties 1Faving a financial interest, either direct or indirect, in the suoject 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 together with their addresses and pr000rtianate interest. parties, Joaquina Concepcion - 100% ownership 2289 S. W. 17th Avenue Miami, Florida 3 • Lev4i description end street ad:iresb OF any at owned by any party listed in answer to t-: ,Props: ,) 375 feet of the sueject real question �.., anti b) ,c�catea M�Ll�in property. Lot 4, Block 2, of "Woodside", according to the plat thereof recorded in Plat -Book 5, Page 28, Public Records of Dade County, Florida; also known as 2289 S. W. 17th Avenue, Miami, Florida STATE OF FLDRMA CMTL= OF WE Lucia A. Dougherty, Esq. says ac ne is e . being duly l�wner) (Attorney for Owner) of describe in answer to question #1 Anivairs &nA MM.ft" .S.- __-- • ab0vef that' h! �1s: sworn, deposes and the real nr"nm««..