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Home My WebLink AboutR-89-0676, 1989. EZ, MAYOR CITY COMMISSION MEETING Or JUL 13 1989 J-89-763 7/13/89 RESOLUTION NO.,�� A RESOLUTION DIRECTING THE CITY MANAGER TO INSTRUCT THE PLANNING DEPARTMENT TO FILE AN APPEAL FROM THE DECISION OF THE ZONING BOARD WHICH GRANTED A SPECIAL EXCEPTION FOR THE PROPOSED PARKING TO BE LOCATED AT 3224 SOUTHWEST 23RD STREET AND APPROXIMATELY 3221 SOUTHWEST 23RD TERRACE IN CONJUNCTION WITH A PROPOSED RESTAURANT (VICTOR'S CAFE) AT 2340 SOUTHWEST 32ND AVENUE (FORMERLY KNOWN AS THE STUDIO), MIAMI, FLORIDA. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby directed to instruct the Planning Department to file an appeal from the decision of the Zoning Board which granted a Special Exception for the proposed parking to be located at 3224 Southwest 23rd Street and approximately 3221 Southwest 23rd Terrace in conjunction with a proposed restaurant (Victor's Cafe) at 2340 Southwest 32nd Avenue (formerly known as The Studio), Miami, Florida. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of Jul XAVI ATTE y- MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY LEGISLATION/SPECIAL PROJECTS DIVISION CHIEF APPROVED AS TO FORM AND CORRECTNESS; JOR E L. FE ANDEZ CITY ATT RNE RFC;bsssM1162 fl9-`7l� hESOLUTION No, REMARKS: 1 A CITY OF MIAMI. FLOVIDA INTER -OFFICE MEMORANDUM TO To Honorable Mayor and Members DATE July 13. 1989 E of t Commission — suaiECT Restaurant at 23 S.W. 32 Ave (Victor's) FROM Cesar H . Od i o REFERENCES OCity Manasger ENCLOSURES i Attached is a copy of a memo from Edith M. Fuentes, Director of the Building, & Zoning Department, forwarding a report from the Zoning Administrator as requested. JAG/ jg lcurj 0* 2 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Edith M. Fuentes, Director DATE July 13. 1999 rnE Building it Zoning Department St,iRrECT Rebuilding of restau- rant at 2340 .SW 32 Ave FROM rsep. A. Genuardi, P.E. REFERENCES Zng Administrator ENCLOSURES First to correct what was stated in the Miami Herald of July 13, 1989, a permit was approved for rebuilding as well as remodeling, alterations and additions. The zoning ordinance does permit under section 2106 the replacement of a nonconforming structure due to certain conditions. Attached is a copy of my opinion dated March 17, 1989, which was discussed at several meetings with Miriam Maer, Assistant City Attorney and Sergio Rodriquez, Assistant City Manager, and at our final meeting there was a concurrence of agreement. The original approval, as indicated in my memo, would have left some walls standing. However, during construction, due to their poor condition they were ordered replaced by the Building Inspector. This is permitted under section 2110. Two important points are: 1. The replacement of that portion of the building that was non- conforming decreased the degree of nonconformity, which is acceptable under section 2106.1 2. The existing parking is a nonconforming characteristic of use acccording to section 2107. Unlike a nonconforming use, there is nb discontinuance clause in this section. As long as the use is not changed to one requiring more parking the nonconformity may remain. Any addition would require additional parking which is being provided in this case. The parking as proposed provides more parking and decreases the degree of nonconformity. This is addressed by the ordinance under section 2107.1 and permits changes resulting in a lesser degree of nonconformity. JAG/jg R9--6126 { CITY OF Mt/1M1, 1''lGfRir)A f INTER -OFFICE MEMOPANDUM ,. Grp Edith M. Fuentes, DArF. March 17,. M9 Director VILE: SIWfF�c s Opinion on Continuation of Nonconformity at 2340 S.W. 32 Avenue PROM- L:•-.•+� t^{.��,r' Ri.rfRf tlCE5.. `moo ph Gpnuardi, P.E. Ton ng, inistrater Building & Zoning Department eNci.osuafs: Following is my opinion on the continuation of nonconformities of a structure and on -site parking at 2340 S.W. 32 Avenue. 1. The existing building which has been used as a restaurant and which after alteration by new owners will be used as a restaurant is a permitted use under the CR /T zoning classification. T o existing floor area togd her with proposed additions will be below the maximum floor area permitted. 2. Only a portion of the existing structure in nonconforming because it does not. meet; •the required setbacks. This includes the wall along S.W. 32 Avenue, the wall along S.W. 23 Terrace and a portion of the wall. along the west side of the property. 3• It has been proposed to complotel.y remodel the interior of the building and replace the roof because of its condition due to age .and to change its appearance consistent with the new ownership. This work does not affect the nonconformity of the structure. 4. c During the removal of the roof and interior partition under a demolition permit, approximately 42 L.F. of wall. at the west side of the building had to be removed because of the poor condition. Tilts portion -is conforming and will be replaclsd at the same location and therefore does not affect the nonconfonnity of the structure. 5• In order to construct: two small additions, approximately 35 L.F. at the N.W. corner and 32 L.F. at the S.W. corner of the structure had to be removed. These walls were conforming and the additions will meet the required setbacks. Therefore this will. not affect the nonconformity of the structure. b. inuring ► eview by the Public Works Department, the owner was requested to relocate approximately 90 L.F. of wall abutting S..W. 32 Avenue and portion of wall at the corner of 23 'Terrace and 32 Avenue behind the base building line and ., Ll 41b INTER -OFFICE MEMORANDUM TO: Edith M. Fuentes, Director FROM: Joseph A. Genuardi, P.E. March 17, 1989 Pa a Two dedicate the zoned right of way to the City. Section 2101.2. Nonconformities created by public taking or court order. allows creation of nonconformity of yards due to public taking. The location of the new wall would in fact reduce the nonconformity of these walls. 7. Section 2106.1 Structural change, extension or expansion, permits the enlargement, extension or alteration of a nonconforming structure if the degree of its nonconformity remains the same or is decreased. In all eases described above the new wall will be in —_ conformity or will decrease the degree of nonconformity. The only nonconforming portion being replaced is due to public taking. Therefore, it is my opinion that the building may be reconstructed as proposed. S. The existing on -site parking doer not meet the present City of Miami Zoning, Ordinance requirements. Therefore, it is a nonconforming characteristic of use. Section 2107. Nonconforming characteristic of use. does not contain a discontinuance section. Further, Section 2107.1 permits changes which result in the same or lesser degree of noncon- formity. It is proposer] that the existing parking area be modified to provide addition parking spaces for the additions and also resulting in more spaces for the existing _ use.. The existing parking area also does not meet the - requirements of the City of Miami Guider and Standards; however,- Section 2017.4 permits modifications which lessen the degree of nonconformity as much as is reasonably feasible ,in the circumstances of the case. The proposed modification will. provide all spaces meeting , minimum size and required aisles and will. include more landscaping than is existing. It is therefore my opinion that the nonconforming; parkin; area as modified is permitted. JAG:er j _m