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Home My WebLink AboutR-91-0476J-91-406(b) 6/20/91 476 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, ZONING DISTRICTS, SECTION 401, 0 OFFICE, OFFSTREET PARKING REQUIREMENTS, AND ARTICLE 10, SECTION 1024, SUBSECTION 1024.12., TO ALLOW THE CONVERSION OF THE EXISTING SINGLE-FAMILY RESIDENCE TO OFFICE USE, ON THE HEREIN SITE, AS PER PLANS ON FILE, PROVIDING 2 OF 7 REQUIRED OFFSTREET PARKING SPACES AND PROVIDING A 4.5' PERIPHERY LANDSCAPED AREA LOCATED ALONG THE STREET (5' REQUIRED), FOR THE PROPERTY ZONED 0 OFFICE LOCATED AT 1505 SOUTHWEST 2ND COURT, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) SUBJECT TO THE FOLLOWING CONDITIONS: (1) APPLICANT SHALL PROVIDE PARKING SPACES AT THE ADJACENT PANTRY PRIDE PARKING LOT TO SATISFY THE REQUIRED PARKING REQUIREMENTS OF 7 SPACES; (2) APPLICANT SHALL DONATE $1,300 ON OR BEFORE DULY 1, 1991, WHICH SUM SHALL BE APPROPRIATED TO THE DEPARTMENT OF PARKS AND RECREATION FOR ITS SUBSEQUENT ALLOCATION AND USE AT NEARBY SIMPSON PARK; (3) APPLICANT SHALL PROVIDE LANDSCAPING SUBJECT TO THE APPROVAL OF THE CITY OF MIAMI PLANNING, BUILDING AND ZONING DEPARTMENT; (4) ONLY TWO (2) PARKING SPACES SHALL BE LOCATED ON THE SUBJECT PROPERTY; AND (5) APPLICANT SHALL MAINTAIN THE PROPERTY'S APPEARANCE SO AS TO RESEMBLE THE APPEARANCE OF A RESIDENCE. WHEREAS, the Miami Zoning Board at its meeting of April 15, 1991, Item No. 1, duly adopted Resolution ZB 17-91 by a five to four (5-4) vote, denying a variance as hereinafter set forth; and WHEREAS, the applicant has taken an appeal to the City Commission from the denial of the variance; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the 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; CITY COMMISSION XTING OF J U N 20 1991 9i-- 476 nxwm N. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Miami Zoning Board in this matter is reversed and the request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Zoning Districts, Section 401, 0 Office, Offstreet Parking Requirements, and Article 10, Section 1024, Subsection 1024.12., to allow the conversion of the existing single-family residence to office use, on the herein site, as per plans on file, providing 2 of 7 required offstreet parking spaces and providing a 4.5' periphery landscaped area located along the street (5' required) for the property zoned 0 Office located at 1505 Southwest 2nd Court, Miami, Florida, also described as Lot 15, DONAVANT VILLA, as recorded in Plat Book 41 at Page 84 of the Public Records of Dade County, Florida, subject to the following conditions: (1) applicant shall provide parking spaces at the adjacent Pantry Pride parking lot to satisfy the required parking requirements of 7 spaces; (2) applicant shall donate $1,300 on or before July 1, 1991, which sum shall be appropriated to the Department of Parks and Recreation for subsequent allocation and use at nearby Simpson Park; (3) applicant shall provide landscaping subject to the approval of the City of Miami Planning, Building and Zoning Department; (4) only two (2) parking spaces shall be located on the subject property; and (5) applicant shall maintain the property's appearance so as to resemble the appearance of a residence, is hereby granted. Section 3. This Resolution shall become effective immediately upon its adoption. - 2 - PASSED AND ADOPTED this 20th day of XAVIER L. SU ATTEST: MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO E L. CITFf ATR GMM/rma/M2201 Z 3 - 0 1991. 9 47 Pz 9 ZONING FACT SHEET -F LOCATION/LEGAL 1505 SW 2 Court Lot 15 DONAVANT VILLA (41-84) OWNER/APPLICANT Harriet Investments, Inc. Formally Nadlac of Fla. Inc. Gladys Pati no 1505 SW 2nd Court Miami, FL 33129 Phone 859-9900 ZONING 0 OFFICE REQUEST Variance from Ordinance 110009 as amended, the Zoning Ordinance of the City of Miami, Article 4, Zoning Districts, Section 4019 0 Office, Offstreet Parking Requirements, and } Article 10, Section 1024, Subsection 1024.12.29 to allow the existing conversion of the single-family residence to office use, on above site, as per plans on file, providing 2 of 7 required off street parking spaces and providing a 4.5' periphery landscaped area located along the street (5' required). RECOMMENDATIONS PLANNING, BUILDING AND ZONING "} DEPARTMENT } DENIAL. There is no hardship to justify the requested variance to waive ft•• (5) out of the seven (7) required parking spaces for the existing office conversion. There are no Y existing neighborhood conditions which would separate the subject property .from the remainder of the area or deprive the applicant of any rights commonly enjoyed by other properties in the same district. vA,, PUBLIC WORKS DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING HISTORY ZONING BOARD APPEAL CITE[ CONXISSION No objections. May 81, 1990 citation for barbed wire on fence. May 240 1990 notice of violation for work without permit to convert existing" residential structure to office use. July 11, 1990 scheduled for Code Enforcement Board hearing Case No. 90-01102. Found guilty and has received two (2) extension, must comply , by 6/16/91. Has been working to legalize work and comply with requirements. At its nesting of April 159 1991, the Zoning Board adoptid Resolution ZB-17-91, denying the above, by a 5-4 vote. Two OPPONENTS and two PROPONENTS were present at the nesting. One reply AGAINST and six in FAVOR.were received by l Letter dated April 29.. 1991 from AdrJ$=s;1„ Prlee et.".. �q At it* meeting of My 23. 1991, thm CitV commission continued the abovq, �u { N 90 eo a • @ U M 13 N 17 if �; .. ST1.0• J S: W 2 q f • T • ! ♦ 2 1 TS • � s �, II 12 i! M i! 1• 17 I• !♦ ST S N N » • C.I T Y ' es �u faro u el! 1 S ms 12 ST 12 o i 1; 91- 476 i.a r Jt"RtV P. AGRON rt RNANOO C. ALONSO CESAR L- ALVARtE LINDA C ANDREWS DAVID T AZRIN CARLA M YARROW RERRI L. SARSM MILARIt SASS NORMAN J. S[N►0R0 LISA J YERGE DR MARK . BLOOM TRANCIS S. jROGAN. JR SURT SRUTON STEVE SULLOCR ALDEN t BURLINGTON ALSEhTO R. CARDENAS J. PHILLIP CARVER CARVN O. CARVO ARY CMOU[Kt SUE M.•COSY ALStRT A. ttL CASTILLO ALAN T. DIMOND LUCIA A. DOUGHERTY WILLIAM S. [GK KENNETM t0[LMAN CHARLEY W. COGAR. LAW OFFICES GREENBERG, TRAURIG, HOFF-MAN, LIPOFF, ROSEN a QUENTEL, P. A. GARY M. eosttm HENRY M. (SUCRY) rOK AORItNNE L. PRIESNER ROSUAT C. GANG CAROLE K. OANGUZZA Tt Rt SITA GARCIA RICHARD O. GA0109" SPIAN K. CART J[F►RZT GILStRT SRUCt M. GILCS-KLEtN RICHARD J. OIUSTO LAWRENCE GOOOrSMY ALAN j COLD :I. t. GOLDMAN STEVEN M. GOLDSMITH JOSEPH O GOLDSTEIN STEVEN S. GOODMAN MATTHEW S. CORSON MARC J. GOTTLIEB DIANNE OPEtNSERO MELVIN N. GREENBERG SANDRA P ORtEMSLATT POSERT L GROSSMAN DIANA L. GRUB SARSAPA A MALL PAIGE A. HARPER PETER J. HENN CARMEN HERNANDEZ• LONSTtIN WILLIAM T MESS KtNNETM C."OrrMAN LARRY J. MOrrMAN MARTIN KALS DAVIO j RENIN ROSIN J KING TIMOTHY [ AISH STEVEN J. KRAVITZ STEVEN A. LANOY t RNESTO A. LANZA NANCY S. LASH ALAN S. LEDERMAN MARC S. LEVIN *ANY A. LEVINSON NORMAN M. LIPOrr CARLOS E. LOUMICT JUAN P LOUMIET SRUCE E. MACOONOUOM ROSERT P. MACINA PEDRO J. MARTINEZ• rRAGA JOEL D MASER JUAN J. MAYOL. JR. JOHN T. METZGER LOUIS R. MONT[LLO. JR. MIAMI OFFICE SROWARO OFFICE 1221 SRICKELL AVENUE 500 EAST BROWARO BOULEVARD MIAMI, FLORIDA 33131 FORT LAUDEROALE. FI,ORIOA 33394 (305) 579.0500 (30St) 765.0500 TELECOPY (305) 579.0717 TELECOPY (305) 765 • 1477 Ms. Gloria Fox Clerk, Hearing Boards City of Miami 275 N.W. 2nd Street Miami, Florida 33131 Re: 1505 S.W. 2 Dear Gloria: ALICIA M. MORALES JANET L. O'SPIEN MAURY R. CLICKER R[itCCA R. ORANO DESSIt M. ORSMt►SKY STEVAN J. PARDO MARSHALL W PASYCONACK JORGE J. RENEE ALAN J. PERLMAN SVROM G. PETERSEN ALSERT O. OU[NTEL JOEL PRINSTRIN MARK J. REISMAN LUIS REITER EDWARD L. RISTAINO LAURA THOMAS RIVERO RENNET" S. ROBINSON RAOUEL A. RODRIGUEZ ALAN M. ROLNICK MARVIN S. ROSEN RICMARD A. ROSENBAUM PAUL S. ROjENYERO RONALD M. ROSENGANTEN DAVID L. ROSY GARY A. SAUL MARK P SCMNAPP WEST PALM BEACH OFFICE 1601 FORUM PLACE WEST PALM SFACM, FLORIDA 33401 (407) 683 •6611 TELECOPY(407)`63•A447 April 29, 1991 CLIPVORO A. SCMULMAN JOHN S SCMWARTZ POSERT A. SEGALL MARL[NE K SILVERMAN TRISHA O SINDLtR STUAPT - SINGER DART A, SIPLIN MOLLY R SKOLNICK LAURA P STEPHENSON JOEL L. STOCKER ALEKANDER 1 TACMMES POGCRT H TRAUNIO SRIAN J. WALSH JtrrR[T WtITMORN MOWARO W WHITAKER ROBtIIT C WHITE. JR JERROLD A. WISH ROSERT M. WOLr TIMOTHY O. WOLrt SHEILA WOLrSON MARC M WATSON. OT COUNSEL ZACHARY M WOLrr f.tT-.tOI TELEX 80.3124 PLEASE REPLY TO: MIAMI OFFICE WRITER'S DIRECT NO' (305) 579-0683 I On behalf of Harriet Investments, Inc., this letter serves as an appeal of the Zoning Board's decision which denied the requested ` variances for parking and periphery landscaping for the property located at 1505 S.W. 2nd Court, Miami, Florida. The Zoning Board meeting was held on April 15, 1991. The owner is requesting the variances in order to allow the existing conversion of a single- t, family residence to office use. The area where the property is located was rezoned in 1986 to the office category zoning designation. Because of the site constraints, existing structures converted to office use cannot meet the parking and landscaping requirements of the office category. Therefore, in order to utilize the existing building 91— 476 Me. Gloria Fox April 29, 1991 Page 2 pursuant to its zoning designation, it is necessary to obtain the requested variances. I was informed by Nancy Rodriguez of your office, that the appeal fee was paid when the application was originally filed and that there are no additional fees to be paid with the filing of this letter. Please call if you need any additional information. Very truly yours, Adrienne L. Friesner cc: Mr. Edmund Russo Mr. Gonzalo Sanabria Robert H. Traurig, Esq. I GREENseRG, TRAURIG, HOFFMAN, UPOFF, ROSEN 8c OUENTEL, P. A. a= k 91- 476 r A, PMTiON FOR VARIANCE File Number V-83- A variance is relaxation of the terms of the ordinance where skis action will not be contrary to the public interest and where, owing to conditions peculiar to the pmpe+'ty *and not the result of actions of the appltcant, ittvai enforcement of this ordinance would result In unnecessary and undue hardship on the property. As used in this ordinance, a variance is autharised. only for height, area, sise of structsiv, dimensions of 'yards grid other open spaces and offstreat omewng or loading requirements. !Section 3I01) 1� GLAADYS PATINO (HARRIEr INVEST = INC�ereby petition the City of Miami Zoning 800rd or a variance rom the terms of the "Zoning Ordinance of the City of Miami," affecting property located at 1505 S.W. 2nd. COURT N ANB,FL. 33129 Miami, as specified below. In support of this application, the following material is submitted with this applications I. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. L Four copies oft the site plan showing (as required) property boundaries, existing Of any) and proposed struetvre(s), parWnq, landscaping, etc; building elevations and dimensions and computations of lot area (grow end net), building spocir% LVl ratios, and height envelope. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4a83, attach to application). 4. Certified list of owners of real estaTe within 37Y radius from the outside boundaries of property covered by this application. (Form 6-83 and attach to applications S. At least two photographs that snow the entire property (land an.! improvements). ...._.6. Other (Specify) 7. Fee of $�_ to apply toward the cost of processing, based of the followings (a) RS, RG-1 (residential uses) $200.00 (b) For penetration of Plane III by antennas and the like $ 500.0 0 (c) All other applications for each request variance $0.0 7 per sq.f t. of floor area of buiiding(s) from the ordinance minimum - $550.00 (d) Surcharge equal to applicable fee from W-(c) above, not to exceed $550.04 to bo refunded if there is no appeal. (City Code - Section 63-61) r 6 B. The Variance requested is for relief from the provisions of Section the City of Miami Zoning Ordinance as follows: a WO OF SEVEN PAR1KENG SPACES REQUIRED AM BEING PROVIDED of xxx 9. In support of this application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance: Note: Phis application cannot be accepted for Zoning Board action unless aR of the f ouowing six items are completed. c� (a) 'Special condition and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the some zoning district in thats Rtst evidence to be produced and use additional sheets, if necessary.) a' THE PROPERTY IS 50 FOOT WIDE AND THE CITY OF MTANII REQUIRES SEVEN PARKING SPACES FIOR OUR OFFICE AND WE CAN CNLY PROVIDE TWO OF THE REQUIRED SPACES, BEING THAT THE PROPERTY IS NOr WIDE ENOUGH TO PROVIDE FOR MORE PARKING SPACES. b. In order to acoamodate two parking spaces, being that one of them is HANDICAP, we need six ir-ches for the landscaping to vanply with the measurements requirements. sot Xxx (c) Literal interpretation of the provisions of the zoning ordinance would deprive amwd _ the applicant of rights commonly enjoyed by other properties in the some toning district under the terms of the toning ordinance and would work unnecessary and undue hardships on the petitioner in that: WITHOUT THE APPROVED VARIANCES wE CANNOT GET CHANGE OF USE FROM RESIDENTIAL TO OFFICE EVEN THOUGH WE ARE ABLE TO COMPLY WITH ALL OTHER REQUIREIENTS xx 9 (d) Granting the variance requested will not confer an the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the some zoning district in that: WITH REGARDS TO ALL THE OTHER PROPERTIES IN THIS AREA WHICH IS r CMWCIALLY ZONED AREA, THE PARKINGS SPACES ARE LIMITED SINCE THESE ARE RESIDENTS BEING CONVERTED. �t h 6. XXX (f) The grant of the variance will be in harmony with the general intent a r '— purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.«. SINCE THIS AREA HAS BEEN ZONED FOR COMERCIAL USE AND THE PROPERTIES SOLD ARE FOR THAT USE. Note: All documents, reports, studies, exhibits or other written or graphic material to b. submitted to the Zoning Board shall be submitted with this applicion✓_ -1. - Signature Owner' or Autnorizea Agent Name M RRIET INVESTS INC . Address 1505 S.W. 2nd. COURT _ML*1I,FL. STATE OF FLORIDA) SS: COUNTY OF DADE ) GLADYS PATINO, AUTHORIZED REPRESENTATIVE being duly sworn, deposes or says that he is the r(Authorized Agent of Owner) of the real property described answer to question i 1, above; that he has read the foregoing answers and -that the same of true and complete; and (if acting as agent for owner) that has authority to execute th petition on behalf of the owner. !� (SEAL Name) SWORN TO AND SUBSCRIBED before me this 20, h day of 19&91 MY COMMISSION EXPIRES: r. J93 Form 1.83 l� tart' Fubfitate of Florida at arge STATE OF FLORIDA} }SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared GLADYS PAT22 , who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, -submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property which he is'the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant, sayeth not. Sworn to and Subscribed before me this 7day of JANUARY ,19 91 Notary Public, SGbte of Florid My Commission Expires: (Name) , t Large OWNER'S LIST Owner's Name iiARRIM INVESTMWrS, rNr.'. FORMA LY NADLAC OF FLA. Mr, Mailing Address 1505 S.W. 2nd. COURT MIAMI, FL. 33129 Telepnone Number 005) 859-9900 Legal Description: LOT 15, DONAVANr VILLA, PLAT ROOK 41, PAGE 84 Owner's Name Mailing Address Telephone Number i Legal Description: Owner's Name Mailing Address Telephone Number_ Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address NONE Street Address Street Address Legal Description Legal Description Legal Description Di' cwSUREOff' OMM131p 1. Legal description and street address of subject real property: Lot 15, of Donavant Villa, according to the Plat thereof as recorded in Plat Book 41, Page 84 of the Puvlix Records of Dade County, Florida a/k/a 1505 S.W. 2nd COURT MIAMI► FL. 33129 2. .Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties ring a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Owner: Harriet Investments, Inc. a Florida Corporation - 100% President/Director:F.&md P.Russo 4675 Ponce de Leon Blvd., Coral Gables, F1. 33146 Secretarv/Director:Laura L. Russo to of Sole Shareholder of Harriet Investments Inc, - 100% Raingate Investments, N.V. P.O. Box 522237, Miami, F1. 33152 President/Director: Jorge Fajardo Colonia #515 Casa Palmira, Tegucigalpa, Honduras, Secretary/Director: Vilma Montoya of to of Sole Shareholder of Raingate Investments, N.V. - 100% Edelmira Cruz - Apartado Postal 254 Tegucigalpa, Honduras,C.A. 3. LegaL description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. None STATE OF FLORMA ) SS: COOM7i OF DOE ) Gladys Patino being duly swornv deposes and says that no is the ( •caner) (,t,oxmy or Owner) of the real property described in answer to question #1, above; that he has reed the foregoing answers and that t ,.e sa= are true and c=plete; and (if act as attorney for owner) that he has authority to execute this Disclosure of Ownership foss an behalf of the owner. SWOM TO AND StJ6SCRTBQa before re this 7th day of Tannary �i 94M. 91- 4'76 3C• R.e o� Florida at &'Me F t � MI VA�r etc ��,W. CERTIFIED COPY OF RESOLUTION I HEREBY CERTIFY that I am the duly elected and qualified Secretary of HARRIET INVESTMENTS, INC., a Florida corporation (formerly NADLAC OF FLORIDA, INC., a Florida corporation), and the keeper of the records and corporate seal of said corporation; and, first being duly sworn on oath, do hereby represent and certify as follows: 1. That the following named individuals are the duly elected and presently incumbent officers and directors of the Corporation, holding the positions set forth opposite their names: Edmund P. Russo President and Director;; Laura L. Russo Secretary and Director 2. That the following resolution was duly adopted by. the Board of Directors of said Corporation at a meeting of the Board of Directors held on July 5, 1990: WHEREAS, NADLAC OF FLORIDA, INC. is the owner of certain real property known as 1505 SW 2nd Court, Miami, Florida and legally described as follows: Lot 15, of DONAVANT VILLA, according to the Plat thereof as recorded in Plat Book 41, Page 84 of the Public Records of Dade County, Florida. WHEREAS, the Corporation is desirous of making certain improvements to the above property which may require variances and zoning changes to be approved by the City of Miami; NOW, THEREFORE BE IT RESOLVED, that Gladys Patino be and she is hereby authorized to act on behalf of the Corporation with the City of Miami and any of their various departments with respect to any and all details, the presentation of any and all plans and the execution of any and all documents concerning the improvements to the above described property. IN WITNESS WHEREOF, Secretary and have caused to be hereto affixed this I have hereunto affixed my name as the corporate seal of said corporation 4th day of January, 1991. N,,�ra�. Rus S,-�retary Sworn and Subscribed before me th-s d of anuary, 1991. cod N tam Public, to of Flor da My Corm!.ss ion.Expires : I hereby certify that I am a director of said corporation and that the foregoing is a correct copy of ,resolution passed as therein set forth and that the sange 'is now An full force. Edmund P. Russo, President 91- 476 D