HomeMy WebLinkAboutO-10578J-89-176
2/16/89
ORDINANCE NO. 1-0.% 7s
A REMEDIAL ORDINANCE AMENDING THE ZONING
ATLAS OF ORDINANCE NO. 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FOR THE SOUTHERLY 5 FEET OF
THE LOT LOCATED AT APPROXIMATELY 115-129
SOUTHWEST 36TH COURT, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM CR-3/7
COMMERCIAL RESIDENTIAL (GENERAL) TO RG-1/3
(GENERAL RESIDENTIAL); MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 33 OF SAID ZONING ATLAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 1979, by Ordinance 9875, July 23, 1979, the
subject lot was rezoned from R-2 Duplex Residential to C-4
General Commercial except for the southerly 5 feet which remained
R-2; and
WHEREAS, in 1981, on appeal, the City Commission granted a
variance by Resolution No. 81-1003; and
WHEREAS, through 1982, the 5 feet buffer was shown in the
zoning atlas sheet; and
WHEREAS, commencing with the 1982 and 1983 public hearings
on Zoning Ordinance No. 9500, Map D Little Havana Planning
District deleted the 5 feet buffer; and
WHEREAS, subsequent to 1983, Zoning Ordinance Atlas Sheet 33
has not shown said 5 feet buffer; and
WHEREAS, this amendment is necessary to clarify the status
of the southerly 5 feet of the subject property as intended by
Ordinance No. 8975 and remedy a scrivener's error pertaining to a
zoning district boundary on the subject lot; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 1, 1989, Item No. 6, following an advertised hearing,
adopted Resolution No. PAB 9-89, by a 8 to 1 vote, RECOMMENDING
APPROVAL of a change of zoning classification, as hereinafter set
forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to
1- -3 71S
grant this change of zoning classification as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 9500, as
amended, the Zoning Ordinance of the City of Miami, Florida, is
hereby amended by changing the zoning classification for a
portion of real property located at approximately 115-129
Southwest 36th Court, Miami, Florida, more particularly described
as the southerly 5 feet of Lot 4, Block 5, KIRKLAND HEIGHTS, Plat
Book 3, Page 214, Public Records of Dade County, Florida, a/k/a
NIVENCO PARTNERSHIP TRACT, Plat Book 129, Page 32 of the Public
Records of Dade County, Florida, from CR-3/7 Commercial
Residential (General) to RG-1/3 (General Residential).
Section 2. It is hereby found that this zoning
classification change:
(a) Is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) Is not contrary to the established land use pattern;
(o) Will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) Will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) Is necessary due to changed or changing conditions;
(g) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) Will not create a drainage problem;
(j) Will not seriously reduce light and air to adjacent
area;
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(k) Will not adversely affect property values in the
adjacent area;
(1) Will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare.
Section 3. Page No. 33 of the Zoning Atlas, made a part of
Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
Section 4. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not be affected.
Section 6. This Ordinance shall become effective thirty
(30) days after final reading and adoption hereof, pursuant to
law.
PASSED ON FIRST READING BY TITLE ONLY this 23rd day of
March , 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 9�j-h day of Anri 1 1989.
XAVIER L. UAREZ, MAYOR
n
ATTEST-"
z•
MALTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
JEM/db/M454
APPROVED AS TO FORM AND
CORRECTNESS:
12
JORGE L. FERNANDEZ
CITY ATTORNEY
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PZW1
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
January 11, 1989
PETITION 6. APPROXIMATELY. 115-129 SW 36TH COURT
Lot 4
Block 5
KIRKLAND HEIGHTS AMENDED (3-214) P.R.D.C.
A.K.A. NIVENCO PARTNERSHIP TRACT (129-32)
P.R.D.C.
Consideration of a corrective amendment to
Zoning Atlas Sheet 33, Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami by changing, and clarifying, the zoning
designation of the southern 5' of the property
from CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL) to
RG-1/3 (GENERAL RESIDENTIAL).
(Note: "Nivenco ..." has been added)
REQUEST To correct an error pertaining to a zoning
district boundary on the subject site.
ANALYSIS The Planning Department proposes this corrective
amendment to Zoning Ordinance 9500 to designate
the southern `5'- of the property as RG-1/3 by
reason of the following sequence of events:
- In 1979, by Ordinance 8975; July.23, 1979
the lot was rezoned from R-2 Duplex
Residential to C-4 General Commercial except
for the southerly 5' which remained R-2;
- In 1981, on appeal, the Commission granted a
variance by Resolution 81-1003;
- Through 1982, the 5' buffer was shown in the
zoning atlas sheet;
- Commencing with the 1982 and 1983 public
hearings on Zoning Ordinance 9500, Map D
Little Havana Planning District deleted the
5' buffer; and
- Subsequent to 1983, zoning ordinance atlas
sheet 33 has not shown to 5' buffer.
PAB 2/1/89
Item #6
Page 1
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RECOMMENDATIONS
PLANNING DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of February 1, 1989, the Planning
Advisory Board adopted Resolution PAB 9-89, by an
8 to 0 vote with 1 abstention, recommending approval
of the above to the City Commission.
One reply in favor was received by mail.
CITY COMMISSION At its meeting of March 23, 1989, the City Commis-
sion passed the above on First Reading.
PAB 2/1/89
Item #6
Page 2
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ca„} PAB 1 FEB 89 AS-33
x Item #2
Approximately AP-J-5
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115-129 SW 36 Court _
� �?a� * a —
.;NT€R-GFriCc NIENICRANDWIA
Joseph Genuardi --y December 30, 1988
'dministrator
Corrective Amendment:
Zonina Ordinance 9500,
Vodriouez,
Atlas sheet 1-33eraio Director Approximately 115-129 S.J.
P 1 ann i nag Department 36th Street
Please confirm that there is a Zoning Atlas sheet error pertaining to Lot 4,
Block 5, KIRKLAND .HEIGHTS 4MENDED (3-214), P.R.D.C. and that a corrective
amendment should be processed, to restore a 5' buffer line along the south
i side of the lot and designated REj-1f3, - by ---reason of the following sequence
j (refer to material attached):
In 1979, by Ordinance-8975(July 23, 1979 the lot was rezoned from R-2
Duplex Residential to C-4 General Commercial except for the southerly
,/ 5' which remained R-2;
- In 1981, on appeal, the Commission granted a variance by P.esolution
81=1003;
- Through 1982, the 5' buffer was shown in the zoning atlas sheet;
- Commencing with the 1982 and 1983 public hearings on Zoning Ordinance
9500, Map D Little Havana Planning District deleted the 5' buffer; and
- Subsequent to 1983, Zoning ordinance atlas sheet 33 has not shown to
5' buffer.
,40
Page I of 2
1 iJ5 ( E
If you aaree, this Department %-d ll commence the necessary corrective amendment
to Zoning Ordinance 9500.
CONFIRMATION
sephZi
vardi
LOQ iAgnistrator
SR/JWM
td/88:468
Attachment
cc: Joel E. Maxwell, Assistant City Attornev
Law Department w/o attachments
G. Miriam Maer, Assistant City Attorney
Law Department w/o attachments
Edith Fuentes, Director
Building & Zoning Department w/o attachments
Gloria Fox, Chief, Hearing Boards Office
Building & Zoning -Department w/o attachments
Page 2 of 2
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0RDI:Ie'U`ICE 8 9 7 S
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Art ORDTl•,,a.1Cr .'..�"r�II'G C?�L.,,,r •'7. '
a THE COMPpruryc- ... FOR :aF. _
CITY OF MIAI:I. BY C'-; ".IG '�iE
CLASSIFICATION OF'LO7:'-,"LESS I::F. SOUT'r'.ERLY
5 FEET '_HEREOF , BLOC K 5 . 'KIILK I--'.ItD ::EIGHTS
(3 - 214) BEING 129•-S w . - 3 6TH COURT :'ROM n� o
R-2 (TWO FAMIL':') TO C-4 (GENEVAL COMNUERCIAL) ,
AND BY AKI"G "MaE NECESSARY CHANGES I:I THE � !
ZONING DISTRICT XAP :i4DE A PART OF THE SAID
ORDINANCE 'NO. 6 871 BY REFERENCE :'-ND DES-
CRIPTION IN ARTICLE III , SECTION 2 THEREOF;
BY REPEALI:+G ALL ORDINANCES, CODE cECTIONS.
OR PARTS THEREOF IN COI1'F7_ICT; IND CONTAI1IIiIG
A SEjiE: ABILI+"' PROVISION .
WHEREAS . .he •liami Zoning Board at its meeting of
f oilc:air.g- an advert.: ed hear-..," , adopted
Resolution No. 7.B 111-79 by a 5 to 2 vote recommending denial of
change of zoning classification as hereira=ter set fort and
WHEREAS, the Cite Commission notwithstanding the re-
commendation of denial by the Miami Zoning Board, and after careful
consideration and due deliberation or this matter, deems it advisable
and in the best interest of the Cit1 of Miami and its inhabitants to
amend said Ordinance as hereinafter set fort::;
NOW, EF.F.F ORE . BE IT ORDAI; IED BY .='::E C CMMIS S IOiI OF "?E
CITY OF MIAMI, FLORIDA:
Section 1. Ordinance No. 6871, the Comprehensive Zoning
Ordinance for the Cite of Miami be, and the same is herebv amended
by c::anging the zoning classif_cat=ca ct _:,t ` . less zhe Souter1
5 f eec thereof, Block 5 , KIRK -0D HEIGHTS 4) being _' 9 S • W
36th r^urt from R-2 : (_,.o-Family) to C-4 (0eneral Commercial) ; and
by making the necessar-7 changes in the Zoni^.7 District :dap made a
a art said Ordinance No. 6871 by reference and descrict o-� in
Axt__1e !!I. Section ? .hereof.
V057E
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Section 2. That all laws or darts of laws in ccnfl:.c=
;sere*.pit . be, and the same are hereby repealed - nsc_ar as t ev are
in conflic :.
Section 3. Should any part ::r ov4_sic" of t is
Ordinance be declared -.v a court of competent Jurisdiction to be
invalid, :he same shall not affect the of the Ordinance as
a whole.
PASSED ON FIRST READING BY TITLE C'*ILY :.:is 26th ::ay
of J= 1979.
PASSED AND nDOPTED O:i SECCNID rNID FINAL ':.AD `iG SY "'_TILZ
ONLY : is ��ra day of Julv 1979.
Maurice A. Ferre
i1AYOR
ATTEST:
?REP A RED AUND APPROVED BY:
kj. r1111vAqrI //zIL
G. MIRIAIM MAER
ASSISTAiY T CITY ATTORPtEY
APPROVED AS TO FORM AND CORRECT.;ESS:
T.0 5'7F
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(AS PER -•- �:.;Oe,I" PZI^....C:') r�•,wI:. --s-c e--C..,.D
u c1�.[`.J 1.I.1 tfir [1L'r wA_- • ,. r..r. uri ...•
SAME .^„-,'IE _ , C...�:+EC .• W2':':: iiGz ,..n i..,..d 7 ,a) s
PENDIt2v^ A 11" AT!.^.:: FROM CARE -�: '47V— +� T'+ Sr'HOSE
RESPONSIoI:.::. S:-•ar -- IT 3E T., •Snla•.nlr.
PROPOSED T'.r BE
Upon heinq seconded h{ Cz=issLzner C_wkinz. -e M::t1=-, was _assec
and adopted h_ to a rzll:,wsng vote:
r
AYES : Commissioner J . Plum— er, Z .
Commissioner Miller J. :awkins
Commissioner 2ametr-o Perez, .:r.
Vice -Mayor Joe Carcilo
Mayor Maurice A. F er-re
NOES. None.
21..' ACCB:T BIDS: FOOD & DL.VE:.AGf C::::CESSICN3 AT RISC. ::Mr =:+
Mavor Ferre: I think we can do 1S and get these People out cf here quickly.
T'' S --- b applicant:::; ' '' •'ero amine aerez: on a
..is is an appeal--- _ y �_e�.:,,.��
-variance for : arkin g required. ale are on f: fteen, is th _-,•.�- 's the
applicant here?
fir. :-!ike Anderson: Yes, :.r. Mayor.
Mayor Ferre: Ok. Mr. Anderson had requested that we have a full Commission
before his item be heard.
Mr. Micheal Anderson: My name is Micheal Anderson. I'm an attorney with offices
at 43SO Southwest 75th Avenue and I represent the applicants Rene Perez and
Manuel Rivero. My clients .are in the field of ccmouterized accounting and
they own the property at,115 outnwest _ th Court: You can see that property
up there and it's one of 't`.e—s _ _ asizere two streets are directly
adjacent to one another without any private property in between 36 Court and
Ponce Pie Leon Boulevard. hat they are asking tr. do... Pirst cf all, I wanted
to sav that there was a t:.ree-three decision of the zoning Board. It was
very -close and unfortunately there were some comments made in voting that I
felt that I could have responded to, but because the public hearing was closed
I was unable to do that. So, I hoped that if those same thoughts... :'m going
to respond to what happened at that time. First cf all, my clients... What
my clients have presently are the two buildings that you see in purple. Those
are the existing buildings. When these buildings were built this was a duplex
zone and this was many, --any years ago. The one wilding is all the way to the
front property line. _t was built as a residence. ':he one building was on the
rear... almost to the rear ;roperry line, rive feet from the rear and that was
built as a residence. :he zoning presently is C-4 which is sort of a heavy
commercial usage. my clients are using the property as an office and one of
the problems that they have here is a weather problem when they go back and forth
from these two buildings. They also have a securit* problem and that this building
contains... houses the computer area that they have and it requires the door
to be open in this building and this building and in the front buildinc. In
addition there are some cramp conditions in the buildings. Athat they are
proposing is a new addition that would run between the buildings. It's fifty-five
feet in there. _° they wanted tc s pl.; . zt ,: tali. way in t: ere, a-_=ty-iive
foot hall way, trey could do that and we wouldn't be here asking for these
,variances. he four... there would be a hall way = -=cugn and then t.^ere would
ce some o:'icas in that addition. They are not t:,.ng to expand their operation.
The operation itself will be the same number cf employees, but what they want
to do is expand the area that *--ley have to work i;. What we are asking for is
seven compact marking spaces where we would normail-, be required to have seven
regular parking spaces and in conjunction with that we have tc ask for certain j () +
E2 N 13
oV 1 9 1981
:.jciar,ces. 'cr �..�.:•pi� �'`= dr.•:e-way s,.ouid... ..n ta:._✓'s standard
Or aye cc be mc•:ed .ram t.`.e 6cutn s:.:e of the pr:,gert*: li:.e up fi:•e feet.
t` _ - _c here we are asxinz .cr that variance.
t tacause of 2 exist :. , a-:.::.. _ t..__
oe r - • variance 4ir.ic h would r aqu:.ra t::e two =cot crass
._p here because _h s asphalt pavement aces cc..:nletely en across the property
-: a _c the neighbors building. :%nd nzw is I can u -miaow you. .".:is is the
_omputer center in the back and i is extra'neiv cra=ea.
�:avor ^arra: Well. -4nat's _he n=e cc the c--=_ any:
s •" , 'erez ~d Aivero. T. ev are �_co:...ta:.ts and t::ey do
_ . . _.der c.. _ s call _ _.
lct .._ the•ccmzuter:=ad accauntln nor a:r1anb5 - %str�2s. 7niall airlines.
-ne cf their -clients is, ::cr example, Air Florida. :,nd this :a what we are
trying to do. We are tr-:irg tc spread some of this out so that we have a
_itt'_e roam in the b::il.din c. mow, I want show you hOw the parking lot is
presently. it has f:•:e cars. ghat we would be doing is having seven. you
notice the wav the s=acina is we could easily, if these cars were a little
closer tcaether put in one on this side and one on the other and all this would
to moved hack toward the other side of the propertySo, there is plenty of
space. :'hey do actually have seven cars and they are all mid size to compact.
The other important :actor is that Ponce de Leon Boulevard has... and 36th
Court has tremendous a.:jount of public parking. It's one of t.`.e most under
utilized ca:mnercial parking areas on the street and the ordinances are designed
so that you don't burden the street parki.rg and... althcucr. we are going to
provide the proper ::•,:.;.ber of spaces, someone might say "'Fell, what happens
if ycu drive up in a full size car and there is no parking spaces?" :his is
the existing huilding and all along this street which is 36th Court and this was
taken at 1:15 on a Thursday afternoon, you can see that there is no cars. '=^.:ere
:s one here. -taken across the street show Ponce de Leon Boulevard. There is
a church right here. :_ has eleven metered parking spaces in f_ant of
This is directiv... this is taking f_am the opposite anaie where .you can see
my cliant's Building and it has the parking spaces. You can see there is
eleven meters in here that are rarely, :.f ever, used. his is the building here.
Across Ponce de Leon Boulevard you can see that there are some spaces that are
also not used. .That we are proposing would look something like this when
completed. ."his would be the front of the building and in the back where the
cars are parked you would see this building. We think it's a substantial
improvement. It's a problem because of the fact there is so much public
Property there. I: 36th Court were closed and we had the property out in front...
I mean, property is either public or private. If we had the 36th Court closed
and we owned that properv., we would have no problem with parking. As I said
it's one of the most rider utilized areas i. the City and there is one thing
I think that you have to understand and that is it's a small building and
small buildings have their cwn special tapes of uses. It's kind of like when
I drive home at night and I pull up in the drive way behind my wifa's car
she doesn't say I'My God how am I Ding •o get out of the drive way?" SIM! knows
�..
.;hosecar is in back her. And I think th at's the way small huildincs worx.
3mall buildings no matter how... even if they Imave access parking. The boss
comes in, he is the one that goes out, gets the business and he is in and out
and he pulls up behind somebody's car sometimes and so there is a question
that came up, well, .,.v God, what if one full size car pulls in? '...e place where
I'm located now we do that all the time. And it's going to happen... it's
not cmy this build4na. :t happens in this building presently the way it is
it would happen in the future and it's something that I don't think that you
can stop. But we feel that we are providing the maxim•-m parking spaces that
we cat. provide doing what we want to do. :".:ere was another question that
came up. Well, can you build two stories in the C-4 Zone? Well, yes, you can
build two stories in the C-4 Zone. However, this particular property was
desicned ai two single family residences and the fact is that, you know, we
don't want the funniest looking building in the world with part cf one. second
story on one buildino and a fifty-five foot hall way in between. So, what we
are asking for is what we think are very minor variance in an area where there
is certainly an over abundance of street parking. ".here neighbors or anything
that cmme to the meetings. .'here were a couple of objections which were really
on the street in back cf us. There is actually a residential street in tack
_ t wouldn't azfect in any _arm or fashion and those.. .
=per: 'tr. Anderson, :s trat a residential street behind ycu or an alley?
`•!r. %nderson: :t's a street behind us. =a other words, we are on 36th Court
and there is an R-2 %stri`.t hehind us.
`73
J
f. V 1 9 1981
P:.ummer: ,.a. no. no.
.here -an alley in there?
:..=ediatel;: tl the E.sat cf , cur propei
Mr. Anderson: :;o, t.,ere ia. no alley _here. :•sv clients... actual
huilding- is file feet away from that property line and the people
he affected in the residential neic;borrood in any way. As A mat
:.he people ;next to us... is these people were co:,carned... =.a b;
were concerned about =asking they -,null „ave or.*lected. �,.t you cz
ccunle o: people. the next door neighbor has no c;,,ectio:
•.ariance. As I said share is more than twenty parking spaces rip
street in front of us that are not utilized.
.sir. Alright, :.at „ma ask a question of the depar=ent. This is
I-4 and C-4•will allow parking? tvnv is this up before us for a variance?
What is the variance this being requested?
ur. Anderson: We are asking for a variance... We are required to have seven
regular spaces. We are asking for seven compacts because of the location of
this property. In other words,...
Mr. Plummer:. Aren't you already there? Aren't you doing husiness?
�tr. Anderson: 'des, we are here. We don't have that existing addition in there.
:•favor Ferre; He wants a pe=.zt to add that addition, you see and...
Mr. Plummer: But the question I'm asking Maurice, is that's in a C-4 District
row?
Xr. hipnle: They are adding on to the building which increases their parking
recuiraments which they cannot meet, but they are asking therefore, a variance.
Mr. Plummer: :o in effect, what they are asking for is a waiver of parking?
Mayor Ferre: :,ow, Plummer, if you will look at the man there the purple area
on both sides is existing buildings, they want to build the orange.
•ir. Plummer: Correct.
!ayor Ferre: Now, for them to do that they have got to ask for some variances.
ne of them that .:hey are asking for is to be able to put in seven compact
paces rather than seven regular. Now, the other thing that they are asking
Dr is, is some setbacks. Is that right?
Anderson: No, there is no setback.
Plummer: ::o, it's just a variance for parking.
. Anderson: lt's smaller larking spaces and actually a smaller back out aisle
:ause of the compacts.
Plu=er: How small?
Dawkins: Dk, may : ask a question too along those lines? ;: you are in a
area and you have space for parking and your requesting compact par)cing
is the need to save whatever footage you will save on each side of the
:ing area? 'What are you going to do with it? Or why do you need it?
Anderson: What we have here is this addition which we are...
7awkins: No, no, come down the sides where the parking is. l understand
you want to do across the top. What I don't understand is and fcr ha lack
:tier figures, if it takes five feet persquare. .. I mean, car aarkina
and you want to out eight, c;.at's forty feet. Now, it requires 4
mar :cmoact. Shen that means you need thirty-two instead of forty_.
u Plan tc do with the extra eight feet on each side?
Iderson: We only have a certain amount of area in there. We have enoueh
:o nut in seven feet of our addition. All the way down to... we have
square footage to put in the addition if it were only seven feet wide
could still put in the regular size parking spaces which are additional
Y nineteen and we would have a proper amount of back out which is
74
r�i
::cwever, cecause we want to put rn addition in there
Caen is simpty not a hall way, so that it alleviates cur aver crowdina and
us out there. ;e have tc ask fir cc -pact spaces. ^..e square zcotace
=�u;,d be rcuchly seven by lift.: -five is the di=farence. ::. other words, that
o r:e difference of the additio.=, t`3t we . proposed tc put _.. .
>:r. :=':comer: :'m lose here somewhere. =s this... ou are saying this is an
existing building on the yellow parcel?
Mr. Anderson: :'es. _t's exist=-g two buildings. he purrle are the two
buildings. ':ou see, if we were tc come in herT vith a vacant lot and build
the square footage that we want to build today we would have not problem,
because we cuuld... well, 'because these were... this was a duplex zone at one
time and you had two single ' au lv residences. Subsequent-;. it was clanged to
C-4 which is commercial and in effect, :foes not allow single family residences
today, although you could keen them... you could cmntinua them if you wanted,
but von couldn't build them today in a C-4 zone, :.ut nora;ally in the course
of things the City would norally want because of that regulation to chancre the
property to commercial. So it was chanced to corcmiercial, but it creates this
problem of back and forth because it's the same business occupying two separated
buildings.
Mr. :.awkirs: May I ask another .:estion then?
Mr. Anderson: ?es.
:A.r. Sawkirs: Ok. '='pen are you saving that you could put an alley way and
have no problems, but because you want to put space with extra offices, then
for the lack of a better word rou need a setback that would push you :n the
-fiddle o- the streets with .:our back out In. earkir:g unless we cive you variance.
:s that what you are savinc?
far. Anderson: Yes, it would push us on to the next person's property. The
street iz actually out here and what we are...what .:ou are sayingis we...
Mr. Dawkins: Yes, bring me that, let me show you what I'm trying ... :,k, now
you have this, right?
Mx. Anderson: That's the new addition that we are proposing. :vat's what
we want to build.
Mr. Dawkins: But if you were -just to put a walk way across here, then you
would have all of this for spaces?
Mr. Anderson: That's correct.
:•'s. Zawklns: But because you want to come this, far dawn, then you want a
dariance trat would permit you to do that.
Mr. Anderson: That's what we are asking for.
:dr. Zawkins: (COMMENT ::.AUDIBLE) .
Mr. Anderson: ':es. :t's part of the problem that we have with the over
crowding in the building and the only thing I want tz point out is that the
regulations themselves are designed so that you don't create problems, so
that nobody builds parking and has all there parking on the street. And what
I was trying to point out to you was that the over abundance of parking on the _
street t.".at is not utilized: =n other words, we are not going to create a
parking Problem in this area. we are going to have seven spaces which is
what we are required to have. They are just not regular spaces, they would
be compact. But when you look at, for example, there is a church right here
and these photographs taken at 1:15 on a Thursday afternoon, there is .eleven
parking spaces right out there and there is spaces along 36th Court that nobody
uses because it's just -pot a... _ think it's the most -rider utilized parking
area in the Southwest section really.
"s.=:_•^mer: :pike, -: we grant you seven compact spaces how are you going to
guarantee us it's going to be seven compact cars?
Kr. Anderson: Well, I can't guarantee that. But I can tell you this, that if
You go to the Administration Building any day of the week you will find vans
,ind wagons and trucks and all size cars parked in those compact spaces, because _
�5
NOV 1 9 i' 8
l�
V m down there a cnun_ le c f -.a a week. -,Id _ 'want -- tall you out in fr
here ;:ou will always zi:.d and this is one of t.".e t.".:.ngs that W.e staff ones
said that.. when they first ca.1a out there. only have five spaces so
somebody pulled in back of the other spaces and in every building you will
find people back parking back, -'including the Cary Hall.
:1ayor Ferre: Well, ;ou see, what ?a der Gibson always used to say Mike, you
'.sere sitting here and you would hear him say, a says th_ 1„a that works for
you .:ill work against you and vice versa. 5¢, I think the thing that you
are gaina to have to do... I mean, that this is what we want to do, then we
have Sot to do this city wide. : don't know whether we can .ust go around...
and I Just... you know, 1 understand what your problem is.
Mr. Anderson: Can I read the definition of a variance? Ck. It says "A variance
is a meanings of relief which is available only when some peculiar circ=stance
as to size,, shame or nature features of the parcel of land and sometimes it's
location". Now, this location as I tried to explain to you has an over
abundance of public property in front it. If you will look at it... you just
don't find that kind... property is either public or private. If it were
private we wouldn't have this problem if you would close off that street.
We have an... the location of this property is such that it's in an area where
there ;ust is an over abundance of street parking. :tow. I could see where if
you were to go in almost any other area of Southwest there would be a problem,
but I can't see the problem here.
Mayor Ferre: alright, what's the will of this Compassion? I think we have talked
about this and everybody has seen both sides of this issue and I think, you know,
you cat valid points on the one side and on the other hand the Administration
has cot a valid point. So, what's t.`:e will of this Commission? dime to vote.
Mr. Carollo: Well, nr. mayor, this is one of these tough ones, but one of the
points that I see is that Pere we have a business that is producing for the
City. I think we have to be helpful at the same time considerate to botn the
people in the area and to that business helping it expand. If•I would have seen
a strong objection from the people in the area I would have gone along with them,
but failing to see that I think what they are asking for is minimal and we have
to be considerate and won't take an action such as this. So, I vote to approve
Mayor Ferre: So there is a motion for reversal of the Zoning Board. Is that
the technical way, Terry?
Mr. Percy: Correct.
Mayor Ferre: Alright, is there a second?
ar. Perez: 1 second.
Mayor Ferre: Alright, there is a second, further discussion, call the roll.
ON ROLL CALL:
4ayor Ferre: :tow,... Alright, 1 guess... I really have got to, since the
decision now becomes mine. Is there a way that we can... if we were to grant
this on a one year basis to see how it functions as a conditional use?
4r. Perez: '?ou could have a:condition established even is it is not a conditional
ise. 1t is. subject to review after a year of...
tr. Plummer: Yes, but your problem... excuse me. Are you finished?
:r. Perez: Yes, sir.
r. ::==er: :"s. Mayor, 1 think that the problem that you are faced with that
nat is your alternative. At the end of the year if you say not -4z doesn't
ork, you are goina to make them tear down the building? 'That's the only
iternative you have, because is you make theca go back to five spaces which
:e regular size, then it doesn't fit into the oicture. So I don't see that
i an alternative. I looked in to that possibility. 1 057E
:vor Ferre: :s the space in between going to be... is the connector going to
full c' machines or what? ,what is that connector going to be?
76
j1
. . J
J! •
Ferscr.:
It would be about ..Tree offices in there with the hall way.
see, cne of the things, ttv; '.!avor, .at's brougnt cut :.. the
::aif recommendation is the strenuous cbiecticn of Metrc Traf_ic and Transportation
�.d that is the turning around radius of nineteen rest and that's going to be '
;... It's going to be a serious problem even is they tc hold seven cc=act �
:ars to seven spaces, which I...
:!avor, 1 think we are all w:.:t a-: order. 'tee are .1r. the middle
favor Ferre- ':es, but I'm trying to make up my mind on which way to vote on
i
:his _....ng and it's based.. I'm t-- irg to fi.;sre out cw unreasonable this is.
i
�.r. : _u=ner: -e was asking questions.
1�L
!avor - erre': h'hipple, ;.ow strongly do you feel on this? I mean, they are
;akin- t an improvemenand the question is...
ir. :tinipaie: �.r. :!avor, I think there is a, may I add, another consideration
MIT
:eri:ans for your thought. Cur concern... I say our, the Planning Depar=ent
L
:nd ?lic works for some time has been one of the practical utilization of
;arking areas. And I think if you will look at the plan just fzr a minute
rou have the potential of having the two end spaces extremely difficult to
:at in an out because of the turning movements required, having to bring the
:ar sround to the proper driving lane to get in and out. Now, they meet the
'
.ecrn-cal--- well_, almost, except fcr the variances they are seeking--- responses
:a the ordinance. But from a practical matter it's quite often plans are
:pprc•.ed with the numbers which actually and practically function less than
_ .a .._.=hers that are actually shown. _
!avor Ferre: In other words, what you are saying is what's going to happen
i.s we are going to have six cars parked in there rather than seven?
.r. ;�"hipple: Or even four. You know... It will be a lesser :.umber is what
:'m suggesting and that's the point I wanted to bring to your attention.
+.r. Plummer: Let me give you an alternative. Let me ask you this. Nnipple.
probably wouldn't have any problem to vote in favor of the waiver of two
larking spaces, but the approach they are taking of four foot wide spaces I
JOLSIC be opposed to and I am opposed to and did vote like wise.
+.r. e:nipple: You understand we are going to catch twenty-two there. If you
:o to fill size spaces that makes your aisle problem more severe.
.z er: But they have five spaces. if you go the normal parking space.
:hev' have five.
i
+.r. N-nipple: but their aisle space goes from nineteen down to sixteen where
:went. --three feet is required.
+�. ::�iz:er: Yes, but let's be realistic, you know. It is in fact to catch
:wenty-two and what I'm trying to say and said before was, there is no guarantee
:noway .hat they could stand out there and say there is only going to be seven
:ompact cars.
!avor Ferre: Ok, look, I would like to figure out a better way of accommodating
:his tying, but the way to do. it... Terry? Mr. Perez, let me talk to the City
..ttorney so I can find a legal wav of doing this. If I vote "no" on this :an then we offer a motion waiving the two or maybe we can get away with doing
.t with one of the parking spaces and therefore approve this on that basis?
!r. ?erg.:: a "no" vote would uphold the Zoning Board's denial and kill the...
:avor : arre: ry"hat?
_. :arc;•: .; " :z" •:ote would uphold the Zoning Board's denial and erfectzvely
:efeat _he application.
!avor Ferre: Well, then, if I... alright, but if the motion is withdrawn before
:::e sinal vote and than restructured, is there a legal way of doing that?
You would have to consider essentially, what was before the lower
7"7 NOV � a i � � 1
3oarm and that is as 1 =' o :e4cre %,-u. would '.ave t= start anew.
Mayor Ferre: 4e have tt start a' new one. ;tiell, : .:ate tt. ::lke, cG
go throuch that. :.::t : would . _te... - think 2i.:..�.,er is right and I
:ote with that, ca we ea::'t -o it legally tcday.
:•lr. Anderson., We would have z have a year. I t would :,a a v_ ear tz c
to - YOU.
::ayor Ferro: ;;ould t here rave t= be a near 1--se that?
Mr. Percy: "-:+ it's denied.
Mayor Ferre: well, suppose we don't deny it and have them go back to the
Planning Board with that alternate proposal. You fellow me?
Mr. Percy: What this is, is an appeal to the Cc:;a::issic::. :::e Zoning Board
has denied it. Unless that appeal is over=arned the matter is deem denied
and thev have to start all over again -within one year.
Mayor Ferro: :70. you don't •r:.derstard what :'m tr::inc tc say. :s there anyway
=hat lagally we can send :his !:ack to the Zuni ng Board f:,r them to consider
an alternative that h-ms nct teen considered here, which is the changing of the
requirements of a waiver the varkinc.
Mr. Percy: No, sir, not __ this application is ccnfiaured.
Mr. Plu.=er: iiev, we want tzhelp the people, tell ::s how.
Xr. ''ercy: :':•:at this Ccmmissicn took no action on the application, you could...
the Zoning Board's denial :s effactively there wiped out. :he application
was defeated.
Mayor Fcrre: So, in other words, it's that simple. : have to vote "yes" or
"no" and there is no other way of doing it other than to vote ";:es"?
Mr. Plummer: What atcut if we do it without prejudice. Can they file
tomorrow for a new application?
Mr. Percy: You would be in effect, making an exception to the rule in the
Code that requires...
Mr. Plummer: --hat we can't do it.
Mayor Farre: vote es". And ..rat's... : tried to find a better wav of
doing it. :'m sorr: that... in the future I "think .we have got to find
alternatives, because I think what they had was a reasonable problem, 1 didn't
like voting with it. : frankly, didn't like that vote, but on the other hand,
YOU know, You- left Me no alternative.
The following resolution was introduced by Ccsmissioner Carollo, who
moved its adoption:
RESCLU rV1,J NO. 31-1003
A RESOLUT C'N GRANTING A VARIANCE FROM OR3I1&:.A;4CE
NO. 6871, ARTIC- XXII:, SECTIC:7 2 (2) , TO PERMIT
AN ADDITICN C.'NECTI::G VLHE EXISTING BUILDINGS ON
N49' CF LCT 5, BLOC4 6 ; KIRKLAND HEIMiTS A:•M
(3-214), BEING 115 S. W. 36TH CCURT, AS PER
PLANS 0:4 FILE, PROVIi:.::G C: E F OLLC TNG :
1) 7 COMPACT SPACES (7 REGULAR SPACES R=OUI=EC;
2) y 19' ..Cr„'. -T-T n--ZLz ::a 90 A:4GLZ ;ARKIi:G
(23, rE�QUI wD) !f
1) NO L; 7DS �D ZZPARATZO—N SZ71 L.7 LRZVr, AY
AND ThM SOUTH PROPER.". LINE (2' =EQUIRz0)
4) NO SEPARAT:=.; BET;jEE:7 nZ DRIVEWAY ru
-,vD
THE SOUTH P-OPERTY :.::.'E AT THE P0INT
ARE "-HE "?.IVEWA�Y C :ZSSES T:W BASE
BUILDING LZUE (5' REQUIRED) :
THIS PROPERTY :S Zo:4ED C-4�(GENERAL CC..MMERIC;,,L) .
1_057E
0V �Qai
.Rere :=!lows bcdv c 4 r _solutic n, ociitt2d here a:.d on _ire
the C_
PF "non :,eina secon ed by cz=lssioner °=r.•::er, _ e rasa iutic : was
gassed and adopted by the following •:ate:
'YES: Commissioner J. L. ?lu�'er. J-.
ice-:mavor .%a Caro---
Mayor Xaur=ce A. Terre
NOES: Commissioner Miller J. :awkln.s
Commissioner Oemetr_o Perez, „r.
z=. _2PROVE CAPIT:.+ �-::PROVE:MNT P'.?OGR. 4 1981-1987 :'C PR0VI:
CI= rGZZNC_'_Z3 , BOARDS n2YM DEFART.=NTS
Mavor Ferre: We are on Item 14.
+s.=1umw:er- --jr. mayor, let me preface my remarks before Mr.�:c ;•'_ nus starts
is •:pry long spell. _ want to tell you from word co and = hace the rest of
_he Commission. I have cone over this capital Jimpro•:ement =room.-: and I
_c^ end t:-.e City Admin ist-at_cn _or cr^posin_ tc us a procram whit: in effect,
if monev were not ti;ht is a great crogram. :".r. Xavor. you are the very one
and others of this Cc.:,mission that have been screaming loud and long that
every dollar that we can muster must go for police protection o! this community.
"'f we in fact, take and look... I don't know is it's page 2=3'or... in this
book. Mr. Mayor, we are talking about nine million six thousand dollars.
We hear the Administration discuss the fact that they are going to have a real
problem with putting the hundred eighty-six policemen on. We don't have the
money to buy things for the Depar —ent. We had to cut back or. the P.S.A.
program, eliminate the C.S.A. program. :'Ir. Mayor, I wonder very loudly if
in fact the Bav Front nark land fill of the people were asked, do they want
:.ore policemen on the street or a walkway in a park that at the present time
is not being used. Are the people going to want to worry about the Coconut
Grove Exhibition Center which I am all in favor of. As you know, ::r. xayor,
from day one on this Cc.•,mussion I have dearly and want to see the development
__ ';_rcinia Key for a recreational area, but I think we have to rock at
': rginia Key as Froiected somewhere in excess c: a quarter of a million dollars.
Mr. :-Iayor, I want to tell you they can proffer here today all they want,but I' W
saving to this Commission and in my vote will reflect that I don't think that
anyway, shape or fctm, m..► priorities are being expressed in this presentation
:ere this morning. :ere we find, mr. :•:ayor, far example, :iffy thousand dollars
for trees. Here we find swimming pool renovations, •:irgi.nia Key recreation,
two hundred fifty t ousand dollars, Miami Springs Golf Course a perimeter
fence which doesn't even exist in the City of Miami, fifty thousand dollars.
1 have cone over this M . :•savor, pry closely and I want to tell sou' that I
find very simply near a million dollars that I feel that can be cut from this
budget and diverted to the use or the very much _:portant tang that You spoke
to and I want to speak to and that is the fighting of crime. now, : realize
the danger that you can get over heavy in a Police Department if t`:e.•monies
aren't allocated properly, but Mr. :•iayor, I don't think for one minute that
the people of this community are as concerned about, yes, sty pet cralect of
virginia Key as they are about crime for two hundred fifty thousand dollars.
Just merely want t-- say that on the record, that as proposed Mr. mayor, there
is no way that I am rubber stamping this capital improvement program. would
^ne :t ^,they 7amberE ..= the r::: isslc. Mould 1=k .'?r_7 seric::s"_ and set
'•Mat zhal, feel as I will their priorities.
:savor Ferre: .lummer, :.:st so I lon't yet cut .._ training g i . with au,
at me just argue with you, ck?
1unmer: ' lease do sir, :t makes me feel better.
79 NOV 19 1981 11)
Cle. .: aadcx. 'dir3^ -:,:U ilave Cot tns r1�.:_ 'use �rVour 1'. da-
judcment is, �,:e don't .teed -"a t:.at close tc. eacn o 3rFpaand and
P ant0d put in dancer the li•.es o: people who must do business on t.'•at
:`yank ; ou very muc-
�3.-ISCL'SSiv ; A?dD DEFB':°RAL: '7ARIa,:�C FOR PAF2K=:�G i�:=QUI I�r:ITS
115 S. W. 28 CCLR_T
Mayor Ferret Alright, we are now on Item No. 19
Mr. Anderson: Mr. Mayor. My name is Michael Anderson, : am an attorney with
offices at 9400 South Dadeland Blvd., and I represent the applicant, Manuel
Rivera & Rene Perez. Based u=on what I just heara. = think that I an going to
ask for a deferral on a short :card. `hat the attorney has said is that we
can ask for a deferral up to the time of approval or denial on No. 9, but I
witnessed that, I was listening very carefully...
Mayor Ferret That's right. That is correct. The riling is that have a
right before we get into it to request a deferral, you are right. Once you
get i.to it, then you can't defer.
Mr. Anderson: The way I heard it was t:-at he said - rior tc the adoption, :.ut
anyhow, : am going to ask far a deferral, based on a short toard.
Mayor :erre: :s that all right with .cu, Father:
Father Gibson: What's all right with me. ie didn't open•.t a c:n c•+:orms.
Mayor Ferret You listen pretty good, don't you Mike? alright, Lacasa seconds
deferral - further discussion?
Thereupon, the City Commission on motion duly made by Father Gibson and
seconded by Commissioner Lacasa unanimously agreed to defer consideration
of the above matter.
24. 'FAILURE OF APPEAL. ZONING BOARD'S VARI.A=— FOR LCT COVERAaE
1852 NORTH BAYSHORE np.IVE.
Mayor Ferret Take up Item No. 20.
Mr. Xetsizh:- Mr. Mayor- and members of the Commission. My name is Lawrence R.
Metsch. : am with the lawfirm of Paul, Landy, Beily, Harper & Metsch located
at 2C0 S. T. 1st Street, Miami. : represent Hexagon Properties Ltd., a Florida
limited partnership. Hexagon is the owner is the owner of Carlyle on The Bay.
apartment houses located at 1900 North Bayshore Drive, i=ediately north of
the cropert_r involved in this rrcceedi ng, which is 1852 :forth Bayshore Drive.
Mayor Ferret You are the objectors?
Mr. Metsch: Yes. sir. This is an appeal From the decision of the Zoning Board.
Mayor Ferre: So it is the objector that is appealing
Mr. metsch: Yes sir. At the September 21, 1981 Zoning Board :tearing,
appeared for Hexagon and opposed a variance application. :n addition, the
:i•=•• Planning Devartrent registered its vigorous opposition to the applica-
tion. By a vote of 4 to 2 the Zoning Board apprcvea tie aapii�=tic.. _Tr the
variance as the setback recuir-ments. :n September 2S. acting for Hexagon,
I formally sought to the Commission review of that variance. We continue to
oppose t:•.at variance and we ask that this Commission overt•_,_ the Zoning Board's
decision of September .11. : think a short synopsis of t::e backarourd of the
73 OCT 181 W57E,
/7
KIRKI. AND HEIGHTS
l Z4 , S.W. 36 CT.
C-Z
Li
I �
L3 Q � �•-r
Q IC3M
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Q
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a fl, a. 1]�
I i i I I I
1,0.57
;' F
ZONING FACT SHEET
C TION/LEGr,L 129 S.11. 36th Court
Lot. 4 ; Block 5 ; KIRKLAND HEIGHTS (P3-124 )
/APPLICANTS '•lanuel Fodriquez & Fernando:. Gomez
138 L .1. .:3rd Street Ph: 573-c565
ZON1, G
R-2 (Two -Family Dwelling) .
?'QUEST
Change of Zoning application from:
R-2 (Two Family) to C-4 (General Commercial).
r.XPLANATION
Applicants elan to build a small two-stor_r
shopping center with retail space on.,the
ground floor and office space on the second
floor.
?..::C �: u•1E:: Dr,T I ONS
Lez.NNING
Denial. .:n 1975 there was a similar F.etit4.on
�EP RT.�1E T
to rezone this property from R-Z to C-4. at
that ._ ue :e City decided that -his c:.arce
-of zoing was unwarranted. This is still true
today. NC significant change of surrounding
land uses has occurred since the propert• was
originally zoned R-2. Transitional uses (RCA
br R-3) are permitted. These uses are similar
in character to the uses :: t he area , low
intensity office, institutional and low-densit•_r
mult:=le Tamil.; resident___ uses. The C-u
distr�.ct ,could permit uses which could be in-
compatable with the dxistinq residences to the
south and east.
tONI_JG BOARD
Deferred, July 10, 1978, at the request o -4 the
applicant.
DMIIED, '-'-Ay 21, 1979, by a 3-2 vote.
ILO.57F,
/9-
DES: . ';one.
The City Attorney read t%-a ordinance .nto the public record and announced
aat copies were available to the members of the City Cow ssion and to the
ublic.
13. DISCUSSIO:Y AND Tt_-',1PORARY DZ.ERRAL OF APPLICATION FOR
CHANGE OF ZCNI:;G - ' 29 S.W. W. 36th COURT : z0:i R- % :0 C-5 .
:.
(See Label 17).
. _---------- -
.r. ?lummer: Item No. 9.
.r. Bob Davis: Item No. 9 is a petition for a change of zoning from R-2 to C-4
n a parcel located on the map in yellow. The Zoning Board recommenced denial,5-2;
he Planning Department recommenced denial. This application was originally
eceived by the Zoning Department about a year ago, it was laid back and just
ame back to the Zoning Board again this ;:ear. - -
. .;ulio Gomez: May I please the Commission, .:ulic Gomez, address 1401 West
'iagler Street, Miami. ?!or-.ca. My associate is Jorge Orta. Imam the son of
he Petitioner, also his attorney. nnat we are asking for is that 1ct 4 of
lock 5, c;irkland Heights. •.: aicn :c also .K:own as 119 S.W. 116 C t . '--a changed
rom tre present R-2 to C-y. you look at the map, .n S.W. 36th Court, the
.ast remaining lot which is for practical purposes an R-2 lot, is the lot in
•eilow, our lot. Next to it, the two white lots, 5 and 6, of block 5, are the
:hurch parking lot for Wesley Methodist Church. We own part of lot 6 which is
:-4. re are asking this Cu,zmissicn to change lot 4 in conformity with the rest
)f the block. That particular area, S.W. 36th Court, consists of 9 businesses,
)ne-old house, which is not presently lived-in because the owner died, our.
)articular lot which we are trying to change its zoning, and the two Church
asking lots. Across the street, is the the Ponce de Leon Blvd., which is a
rery unique area because if you cross the street you are in Coral Gables, consists
)f 14 businesses, as a matter of fact, that particular zone is known as the Coral
;ables business district. The principal argument as to why that lot should be
:hanged to C-4 is that we are really not changing anything that isn't there.
:verything but our lot is C-4. The natural buffer zone for the residences in
:he area should be the two parking lots. :'he neighborhood is overwheimingly in
savor cf this petition. T-ent*r are in favor, nine are against. = should note
:hat the nine that are against, three of them are not even residents of the area
and two of them are not even residents of Dade County. Our proposed use of the
lot will consist of a professional office building consisting of approximately
7,500 se.ft., two stories. ':op story for professional offices, bottom story
retail store, n'hat we did in petitioning for a C-4 and the reason we did it
was because everything else was C-4 and we wanted to have the option of renting
to tenants that would be of a C-4 nature. Obviously, we do not want a paint and
body shop, we do not want a garage, ;:e do not want heavy industr,r underneath
a law offi;.e. One of the arguments proposed and one of the reasons for the nega-
tive recommendation was that :e area had changed since the last... there was one
prior zoning change back in 1974 and the recommendation was denial because there
is no change in the area, no change in the residences in that particular- area.
I would briefly like to rebut that in that since the last change of zoning was
made in this particular lot back in 1974, which by the way, we did not own it back
then, there was some residential left in S.W. 36th Ct. Since then there are no
residential properties left is that block. All the old houses that used to be
there in 1974 have either been torn down, businesses that have been rebuilt, or
they have been remodeled and businesses are now operating from that lot. Our
proposea :-an, again, to ouiid a cwo-story building with a decorati•:a wail
(?AUSE) in the back and keeping the trees chat are presently in the location
with parking in the back over t e wail so chat we won't have any problems with
the neighbors in the back. ...at's our case and I'd be very happy to answer any
questions.
Hrs. Gordon: What's on the :orner where the map says "larking", but what's
really in there?
1_ 0 -7E}
Mh
47
�;:ne ::79
y
«acx 1
.r
Hrs. _Jrdon:
Zross .e 5 rsec -- -: 3. . . .
,:a. right next -._:r -_ znis roverc' .
Mr. :Qme
Close i�E ,_n:lt
'".r. Gomez: *•Tasley Methodist C'urc`
ti
Mrs. -7ordcn: '4nere is the Church tc the... .
Mr. Gomez: Tile Church is chat whole island there.
Mrs. Gordon: '�kay; - ;ust rant cc call attention to the tact that iF this was
changed that would be permitted ftr an apartment :louse.
Mr. --amez: '-Tell. I don't think Wesley...
Mrs. Sordon: :t would have a transitional zoning change.
Mr. Gomez: Wesley ziethcdist Church has been here ever since L can remember, _
don't m ink.... -
Mrs. ]"rdon: 'lo, I asked the euescicn for i:fo Wacicn so we can make ;'-,3gmencs
based on knowledge.
`!r : _�,.mmer: e is _inis:.ed. _o ahead,
Mr. .:ames Felton: ':y name is James Felton. ='m just speaking as a by -scanner
here and also as a member of Wesley Methodist Church. That narking ].ot was put
there and quite a bit of tears and recriminations at the time and a lot of dollars
where ?ut i^.to it and L ::as one of the people who worked with it, and planned it
and originally it was to be an education building put on that ?iece of ground,
which Wesley never developed in that respect to the requirement of having an edu-
cational building there. :c was then turned into the parking lot and has been
taken care of and established and maintained in accordance with the proposal
of the then -1 cannot remember her name, who so much.... in the landscaping, and
that _ot•'nas always been maintained. '.that's her name, she was a former member
of the Planning Board .... Xs. Wainwright, yes, and this was back in her day and
it was landscaped in accordance with her requirements at the time and has been
maintainea in that condition ever since.
Mr. Plummer: ,,ait a minute. _Panic you for the history and the rhetoric. Are you
saying in eifect that you are opposed to this'?
11
:fir. ?'elton: No, I'm•just given a bit of history, she asked what was at the corner.
"fr. ?lummer: Well. my question is this, ::aybe of the Department or you if you
are... as c:,e Church taken a position? Do you know is there was an objection or...?
Mr. -altos: 1 am not a ?osition to state that, 1 do not know.
Mr. ?lummer: Silence.
(INAUDIBLE CCt0iENT OFF THE PUBLIC RECORD)
Mr. Plummer: Or you mailed c:^.em that.
?.re 'Jithin the district...
ur. ??ummer: They are in the Gables.
.:vis: :es, ::hey are in the Gables. --ley shouid have gotten a notice.
Wr. Plummer: Xr. 'Whipple. ;ac me ask you a question or whoever. :ou k ow,
snow this area and...:s your fear chat zoning co C oossibly would go co some-
thing ocher than what is being proposed? :c just seems 1_ke cc me. '_poking at
the maps and propert'7 as I did, the natural buffer the lot z and 5 which is
presently a parking lot. Everything else on chat block, with chat exception,
is zoned what chese people are seeking, so the question is, is the adverse recom-
mendation based upon a fear that what they say they might not do? The fear that
is we do this, :)f the Church whit: is presently being used would enjoy
wrl
AR -Une 26. 1.379
e+
; �► ;.r3nslLiJn: ::} o;,:; .air. _ Wa a :press __. �.z pat �.. t : "_wt.� but to those
people was are to t;:e east wno exist in a resident -"a: sett::.z, t hat adequate
rrotect:.cn be a=foraed to those .eop.ie. :tu see, _.t I on the back side alreadv
abuts a C-4 and I'm ac a tctai -c.ss on...Iots 3 ana Lzz 3 aj.so abut the C-4, lot
3 abuts it from both sides and you know, fzr We it looks lice a natural continua-
tion to close out with tha buf::ar. Would •r.ou expound a little bit further?
`!:. „nipple: Well. I thi:.ti :"at t :e 'paints that _ cu have c::,ug:.t up are
some of
our_ fears. :'d line to continua one of t e fears. not so much . n transitional
.se per se but let's suvDose in„ior .zecaWe mot :area on tna same Wasis as
she applicant has fcr a :oerc_al zoninz a.aa as t is worKs i_s way southward
•:ou do have more and more of an i=pact on the surrcunding residential area. ,-.e
boundaries that exist have existed since i don't know when, not that that per se
on a complete basis, *hit I �hink the location of t e propert-7 being off the main
street of Ponce de Lean Blvd....
Mr. :lummer: So is 6.
Mr. "nipple: ....the fact that a transitional use is presently available to this
site in.the form of an RCA use or a multiple family use, if You will, has permit-
ted without any zoning change. :kn office use, part of which the a;.plicants have
indicated that they do want to out part of the building, the only question is one
of retail and this suggested use chat. location wise this is not a good locatic..
for additional retail, in fact, we thought :hat the overall retail picture in the
area we would submit that there is suif. dent commercial zoning ir. the area to
acco cdate the overall needs of the communit•:.
Mr. ?lummer: 'yell, are ;:ou saying that they could build under an RCA.
Hr. ;,nipple: Yes, air, zh: c's correct.
Excuse re, 1':z sorr-:, can t hey build under an RCA and accomplish
what t av feel chat they would line to accomplish?
Mr. Davis: Except for ch oice of tenants, I 'relieve.
Mr. ?Iummer: Excuse me, let =a...
Mr. +nipple: They are limited in the size of the building because the RCA set-
backs take on residential characteristics as opposed to commercial so that would
limit the floor area per house, and the fact that they do wish to have the alter-
native or- a com=ercial develocment c_` which it could re a C-4, cr a C-'_ or C-2,
or C-5, it would allow a.C-4 use in addition to offices.
Mr. ?luamer: It doesn't seem fair to me.
Mr. Gomez: If can rebut a couple of points made by Mr. �nippie with all due
respect. We. worked that area and that's why there are so many green responses
and there'is not a single vacancy for rent, businesswise, either from Ponce de
Leon, on rlagler from 37th to 35th or in that whole block, with the exception of
a little white house that's tied up in an estate proceeding and I would imagine
:hat pretty soon it's going to be sold to somebody. Next door is a very ugly
sight. It's a car tune up and repair place, a radiator place called Gonzalez-
Sancnez, which is essentially a warehouse where they repair cars. :here is no
place where we could build a three-stor•r residential =^d ::c-e --_ sa .l -_ or do
anything with it unless we have some sort or retail business because that whole
block through time has become that way.
Mr. ?Kummer: Do you know what I think is the real parody :ere. If I were a
neighbor in this neighborhood and you go and you see wnat is there and what is
being proposed and if I had my choice between this professional office building
and a disco....
..avor . _rre: ::e know wnicn :ray you'd go.
I,!r. _...; er: Tt sure
Dne ocher point. Zammissioner PI::.:.mer _s c a -fact that we cannot
:estr=c= na change or zoninz as requested. rye have no knowiedge ocher
--han wnat is permitted i : t;.e C. zoning.
uayor ?erre: Further questions. What is the will of this Commission?
(MRS. CORDON TM'ORARILY LEAVES T'ciE 2LETING AT 9:50 P.M.) lLO.S7F'
pn 49 ?une 25, 1979 '� ~1
AM%
...:.:asa. - .. - _ M.. ___ _ .a _aced _c . := s. ,, :eel that'
: artiz,4..ar in _ lam.. . � _5 a na � . &in ...*,'.;a: at �.ia Ci4 is
`� ^t on t+ uat: c:. t .. w;,at id aireadv there. As
spot zcnin2, _t is :in- zuz tna C t
to the r_sevvations Mr. niii5��e-exnrassed about �:.aC t ey want tC d0 With the �
s �, area. . nit -IS is jlot a zoning
_,uildin2 ara the cc_ert_a:. -sa t na -e _ Nouid sa-: -
aonsid2ration as tar as this particular ^raject is concerned and, therefore, Z
:ove that this applicazic.. ze appro•:ec.
:savor :2rre: Is there a second?
to alleviate the
real .aar would ar .zulu , __ �::e a .-:a-=cot stri, -tne -`nat _ will call the
South Side- which «ouid .kiln :.-.a.CSsible transijc at a later time. 'What :...
I can't ear you.
Mayor terra: as tz be
Mr. Plummer: No, r.o, .:ithdrw chat fi',e feet .ram the application.
`2r. Davis: 'hanee the appiiaazizn so that it will be less the southeri-: 5 feet...
Mr. ?Iummer: Well, in other wores, that alleviates the fear zf the transition.
?Ir. Gomez: :ure. I think w2 can still buiic t ne same ^.ul1Gi..2 with the current.'
setbacks taken 5 feet off.
:'ir•. ?lummer: Now, Wr next zzncern, as I've said before, is the people who live
'-ehin d. ,Ioat is the set'-ac:-c t e rear?
;L'NIDENTIPI D SPEAKE3; : -went : .
lu=er: 7went-. _aat. and :' assuming.. .
SPE.AKEr".. :ea feat .r;.th a wall.
Mr. Plummer: All right, :an feet with a wall. 'Nhat are you proposing building
wise?
Mr. Gomez: We are proposing to have our parking in the rear and not to have
any parking in the front, course, it depends on the type of tenants we get
for the bottom and have the wall as high as the limit permits us because really
-we'don't want any problems with people crossing over to our property at night,
if that can be avoided.
?lummer: And what kind o- a wall are you contemplating?
Kr. Gomez: Well, our building and the plans we discussed with the engineer -
wanted a wall painted the same color as the building beige-whica t-:pe of....
as a .attar o' fact, the building that we are p.ianning to model a=ter is in
Corai Nay and 12th next to Armando's Pizza, next to Larry Plumaaer's campaign...
which is a very beautiful building and at the same cime it's economical and
functional., and it has that wall that looks good and at the same tiWe permits
us to keep the existing trees there.
Xr. ?'_ummer: = second the --ocion.
:j,4 #t ask c,.a _e5t7,Cn, ::,,mmissioner, I . .
`:r. ?'-ummer: :es, sir, surely.
`:r. Felton: As speaking of 'keening the existing trees, you know the large shade
tree that is in the middle of the property and that is one that as forced to be
w
left ana lest two parking lets to the church. :pow, that is the tree that I would
;ust ask about
Mr. Gonwz: 'rye, are leaving the big trees there.
`:r. .- ium:ae:: mall, :der zr.e tree ordinance, they have to.
:.r. .=ltzn: :mil, :.-.is is _•:st .na thing, ::,a trees space is in
overhangs + .
`r. : lu: mer: ''ou don't ;:ant item to trim it, is that
Mil
June ic. 1979
:el -
tcn: _'m dust � _
.:.�. �.
Mr. Zavis: :;:is motion. M r. Flummero less the soutner.iy feet.
::r. =:unnler: ':as
sir.
Hr. :.avis: All right.
:Savor Ferre: ;all, we are soing t: wait ".r the vote. ,olio :.0 want do me
a favor and tell %rs. .;ordon t hat we are waiti.-,z ::cr ner to vote?
MAYOR FERRE R OL'ES::. O- co;•iriISSIG;:ER PLL':r'•iEn T ,
MPORARILY WITHDRAW HIS ,MOTION UNTIL :'.'.EY ',-OUI..:
AGAIN HAVE A FULL CMI!MISSIOri.
1=0'40 r et /P
+: FIRST READING ORDI.NA;dCE: CHANGE ZONING CLkSSI1 ICATION S . E.
CORNER OF INTMECT:.ON N.W. 54 STREET & 15 AVE. - FROM
R-3A TO C-5.
:•`.avor .erre: Item 10, on First Reading, that's an uncontroversial thing,
isn't it? Are there any objectors here?
�:lID::;TI:IED SPEAKER: :;o, sir, I'm here for __. I'm here represent, n< :part: a
Ferrtng`s Company.
Mayor Ferre: All right, zhange zoning c:.assification S.E. corner 5, Street &
:5 Ave. from R-3A to C-5. 1
Mr. Flummer: Move it.
Mr. Davis: To explain this, Mr. :iyor, : or; your clarification, the zoning for
1 this was changed to R-3A by you a,few years•;oacit in order to facilitate a housing
i development which never got off the ground.
Mayor Ferre: anybody obiect
Mr. F'_u.W er: This is reverting it back to what it was previous.
Mayor ?erre: All right, moved by Plummer, seconded by Lacasa.
•Mr. Flummer:• I just want to remind this Commission and I don't even remember
how I personally voted ow the matter but boy, let me tell you something, this
Commission went through Holy hell on that application, here we took all kinds
of heat and now it was never used.
Mayor Ferre: Read the ordinance.
I:;iO .-.. F ;3I:I,. .. CORD
AN OP.DI:NAINCE ENTI:. =-
AN:ORDI:NANCE :"iENDi.NG ORDINANCE N0. 8671, THE COMPREHE:NSIVZ
ZONING ORDINANCE FOR THE CITY OF MIAMI, ZY CHANGI.NG T::E ZONING
CLASSIFICATION OF LOTS 5 THRU 12 INCLUSIVE, :.-ZSS 7HE :NORTH TEN
CEET, BLOCK 1; FLORAL PARK FIRST A(8-5) BEING THE SOUTHEAST
AIM CORNER OF THE i.NTERSECTION OF NORTHWEST 54TH STREET A:ND 151'H
�VFrTTtC 70" r. ..
_'n 1...n u.:.iJi..
// MERCIAL) AND BY MAKING THE NECESSARY C.WGES !'I THE ZONING
DISTRICT .•SAP :LUE A PART OF THE SAID ORDINANCE NO. f371 BY
REFERENCE AND D'cSCRi?TIO:N I:N ARTICLE III, SEC:IO11 2 E, 01
BY REPEAL:NG 1,.LL 0,R-01 �."CES. CODE SE CTZvNS. P'RTS - :-REOF
:CO:FL-=. A PROVISION'.
Was :.acroduced by Commissioner Plummer and seconded by Commissioner
:une _n, 1979 r
uavor ----re* All rtzht; : l::-ner ncves tam 13 . :.acasa, seconds. further aiscussion.
.:all :-a r ail Tease.
The following resolution was 4_ntroduced b;r cc=-ssioner Pl:::.ner, who moved
its adopticn:
..,• :•q -A 7 L
A RESOLUTION ACCEPTI:;G :.: E PLAT Z:,TI:_Z:) ., ,:fOUAT :.:.i�,uE. .:
SUBDIVISION I:; T'r'.E Cam:: OF MIAMI. :LORIDA. ;D ACCF.M.'TI:�G
DEDICATION'S SHOWN ON SAID PLAT, .''UND ACCE::I:;G 'L::E COVEN NT T:
RUN W17H THE L�,.3D POSTr....I.;G �.::. ::r`iED.r,.Z ZC ......'
OF
FULL WIDTH I:II'ROVL'1,!E:1TS W ;TIL i::QUIRED BY T::E DEPART,=T OF
PUBLIC WORKS; UM AU7HORIF.I:;G A2:D DIRECT=G THE CiiL ;LA-KAGER
AND THE CITY CLERK TO ECECUTE T::E PLAT.
(Here follows body of resoluticn, omitted :.ere ana on rile
in the Office of the City Clerk).
\
Upon being seconded by Commissioner Lacasa. the resolution was passed and
adopted by the following vote: \
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) T'neoaore R. Gibson
Commissioner Rose, -Gordon
Vice Mayor J. L. Plummer, :r.
Mayor Haurice A.•Ferre '
NOES: :lone.
17. CONTINUED DISCUSSION OF FIRST READING--0RB�NANCZ—
CHANGE ZONING CLASSIFICATION' at 129 S ., . 36th .COURT
FROM R-2 to C-5.
uayor Ferre: All right, we are now back on item No. 9. Mr.' Plummer, do you
i want to move item No. 9?
`fir..71 tamer; I'm seconding the motion.
Mayor Terre: All right, Waved by Lacasa, seconded by Plummer. Further discussion
on item No. 9, as amended,
Mrs. Gordon: :low is it amended?
Sir. Plummer: Rose, basically the amendment was the south 5' are withdrau-n '.-cm
the application, .hick el'_mi.alas ::e possible trans:6t:.c:l to the south.
Mrs. Gordon: Okay, that's a good o.e. So on. '
(CITY ATTORNEY READS THE ORDINANCE -FIRST READING- i:,TO T'dE PUBLIC RECORD)
AN ORDi:IANCE ENTZTA.
AN ORDINANCE, 3XF'??^. C ';.,i:;�,;;;,2 .,o. o671, CCIMPREHENSIVE ZONING
ORDINANCE, FOR THE CIT'i OF MIAMI, BY CHANGING TEE ZONING CLASSIFICA-
TION OF LOT 4 LESS T E SCUT F_UY : FrET CF --OCR 3, :�I:ui�+::D HEIGHTS
(3-214) BEING !Z9 S.W. 36TH COURT FROM R-2 ;TKO F MJLY; TO C-4 (GENERAL
COMMERCI.,L) , AND BY MAKI:;G 7:1F.. NECESSARY CKr,NGES I T". ZONING DISTRICT
YAP :i DE A PART OF TzT_ SAID ORDINANCE NO. 6871 ZY REFERENCE .`U`m
55 June 26, 1979 L`�
w w,>w.�„• -•. .n`�n.— .. r•w•�. r.•. .:ZF.EOF' w..a t,. „r, AT
-.. TR .r &,%WO!!T}�,
'Jim I`•'-•n:. n'.. ...i 17G v..'^i •. r..r.�J• .. .. �: �Tu _.:'r?s-Or ..; COi1GLIC.. iNii
•rrur �.
C0aThI:;!'N3 A 32�I . . =OVIS�..:;.
Was irtreduced oy Cotmissioner. :::rasa, and seconded 'c',- Commissioner
?lummer azd passed on its first reading b, title by the following -7ote:
.YES: Commissioner Rcse Gordon
�offiissic: er :aocc- 3 bson
commissioner Armando Lacasa
'lice :✓Savor
Mavor Maurice A. Ferre
NOES: :done.
The City Attorney read the ordinance into the public record and
announces that copies.were available to the members of the City Com-
mission and to the public.
ON ROLL CALL:
xMrs. 3ordon: :here was some discussion relative to some restrictions, •:oluntar'r
restrictions You wished to place on the propert-r. Do you intend to do that?
Mr. Gomez: Well, the use of the building is going to be...
;ors. 3ordon: ''es, out accepting t e fact that at some time i : the t::ture, when
you sell the building, that someone else may place....
:•`.r. 3omez: --ure. we are willing to do that.
Mrs. 3ordon: ...some obnoxious use, detrimental to the neighborhood? We cannot
force you or require you, this is a voluntary action on your Tart, and your answer
is...
Mr. Gomez: Most certainly, once it's built we don't intend to knock it down.
Mrs. Gordon: Okay, : vote yes.
181, FIRST READING ORDINANCE: AMEND SECTION 62-20 OF THE CI:':
CODE T_RHS OF P? LNNING ADVISORY BOARD & Z=T.ING`-22OARD ._
MEMBEF.S TO MAXLLSL':I OF T.MEE ( ) YEAR .7 OT TO 'EaCEED
ELEVEN (11) YEARS OF SERVICE.
Mayor -erre: All right, ::e are now on item No. 12.
Mr. fob Davis: item No. :: is a resolution which =c Wal-cos tun taken
at tna last reeti nz on the members' terms and service.
Mayor Farre: Okay, first Reading, who wants to move it?
Mr. :.acasa: : move it.
Mayor Ferre: Xoved by Lacasa and.second by....
:-It-. ;'_uauurr: Weil, :Ir. ::ayor, 1 think ?roper procedure would not to ask anyone
to move it prior to asking the person who wishes to speak to do such.
Mavor Terre: apologize :or the late hour i\`the day or the night or whatever
1=e :t and we are on first reading of an ordinance ccnfirinz motion 79-393
which was passed May,-24th, Lkay ? :low, who wants -to talk on this: Xs. .Rockafellar.
Hs*. ;;race Rockafellar: Mr. Mayor, :'m Grace Rockafeslar, - live at 914 N. E.
71st. Ctreet. :'m a member of the Planning Advisory Board. 1 appeared here
before on tehalf of the Zoning Board members and the maiority of the Punning
Board members, asking that = is Resolution be adopted. took :.t uo with Pose
...� � • �� ' �'.".� +++.�..+r.r....v :''ii•_•:J� Irv: avutw•I.�P wwa '.
hwa' ;zest't"..tJ•ut11Ed''1•.ww.�o'r.+4.R.•.:WfdSi:'..1. _�%:ar.r:w+�w.. ...r:rii
AMENafnls u"WmAn6F.
1972
8042
1976
6 624
1979
8975
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a ACTIONS OF
�� I • .I ��• ! • td.l�-I. i. 10 t �� ! 1.�. •!• w P"F'
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. •Rye•.• .. • ... "• .. :a.tt«:� •.Fw.
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�.IR1CL:1ilD SZ1Gn i 5 Ai�1D 5
(3-214 } h49' of Lot :._..::.._
(R.Persz h M. Rivero)
115 S-W- 36th #Court
w GRANT FAILED 8Y A 3-3
9/14/81 - ZB 155-81 i IOTIOiI T., �.
vote CONSTITUTING A DENIAL OF Variances from Ord •
6$71, ART. XY,III, Sec. 2(2), to permit an addition :•yam=•
connecting the existing buildings on above site, as w+
per plans on file, providing the following:
1) 7 compact spaces (7 regular spaces required}.
.,•., ._ ...__ - �T.,." :- �� for 90o angle parking
_.. 2) a 10,' access aisle
(23' required),
3} no landscaped separation between driveway and the
• south property line en2theedri driveway and the south �. • • . •., •. •
4) no separation bet -
property line at the point where the driveway ,.:.
- 4E�crosses the base building line (5' required).
-,This property zoned C-4 (General Cor.ercial).
CC deferred appeal—
CCR81-1003 granted variance.
:. 31k 5 r. Lot 4_
KIRf�AND EMaGHTS Ai+TD (3-214) -
'
129 S4•T 36th Court
(Dot 14. Deane?
12Y1�75 - 73 t
1.
PECC�T DED 'MAL Or
].74-75 t- ..
_rom
Chance of '_oni.nc Classification o:: above
-. .
General Commerc.; •
" R-2 (Two i =miiy) to C-4 ( Change
18-7 6 CC
%Action 76-4 DENSAL of Zoning
from Rw'2 to C-4
••Y
HEIGHTS Blot 45
(3 2141 9 g •W. 36t�';
urt '
-:' Rodricnez & Gamezl -DEFER Change oning
1017 - Z9 130-78 -2 ('� F�,ly) to C-4 '...
o f above site 1)
General Commarcia AL o f Change .:...•.•••.:•�r"'�'"`"�y;�::'
.,.:..,..�... ( -79 P'ECOMMENDED DENT Two Family) «y.4•�w!•�•n• �••
5/21/79 - ZS 111 boVe Site from R-2 ( .:•; „.+ � ---
;,..� f Wing of a al) - :•;.�.c;:;,. -�:,.;,
,,,�.y.,....•.Rr.. o zoning Commerci -:•rz.�.r.
.......�... (General^".:.ZZ
.u.rri�.; Y. l+•,,� to `. w a.LV D • ~: T•37•!"�.. ��jj••�
~4 RS P2ADING AS n. E �•���►` � r_
�---_ is CC F 'r l :.
2975 granted c/z• ��L,:.f,:;».,:•:_
22
j23/79 CC ord. -��� "
C3
A RESOLL'TIO:i GRANTI:?G A VARIA:3CE FROM ORDI."?ANCE
N0. 6071, :RTICLE I:.YI17 , SECT+L:: "(2), IO PEM?I:
AN ADDITION CONNECTING TzE E:�ISTING BUILDINGS O.:
N49' CF LOT 55, 3LOCK 6 : KIRKL,�ND HEICHTS a'.i'.D
(3-214) , BEING 115 S. W. 36TH COURT. AS PER,-_...
PLANS ON FILE, PROVIDING ',:3E FOLLOWING:
1) 7 COMPACT SPACES (7 REGULAR SPACES REQUIRED)
2) A 19' ACCESS AISLE FOR 900 ANGLE PARKING
(23' REQUIRED)
3) NO LANDSCAPED SEPARATION BETWEEN DRIVE1-TAY
AND THE SOUTH PROPERTY LINE (2' REQUIRED)
4) NO SEPARATION BETWEEN THE DRIVEWAY AND
THE SOUTH PROPERTY LINE AT THE POINT
WHERE THE DRIVEWAY CROSSES THE BASE
BUILDING LINE (5' REQUIRED)
THIS PROPERTY IS ZONED C-4 (GENERAL COMMERCIAL) .
WHEREAS, t:.z Miami Zoning Board at its meeting or
September 14, 1981, Item #4, following an advertised"hearing,
adopted Resolution No. ZB 155-81 by a tie vote 3 to 3 DENYING
variance as hereinafter set forth; and
WHEREAS, the applicant has taken an appeal from the
denial of the variance to the City Commission and
WHEREAS, the City Commission notwithstanding the denial
of the Zoning Board, and after careful consideration of this matter
finds that due to peculiar circumstances affecting this parcel
of land, practical difficulties and unnecessary hardships would
impair the. owner's right to -the rea$onab le use of the property
without the variance granted as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The request for a variance as per Ordinance
No. 6871, Article XXIII, Section 2(2), to permit an addition connecting
the existing buildings on N49' of Lot 5, Block 6; KIRKLAND HEIGHTS
AMID (3-214), being 115 S. W. 36th Court, as per plans on file, providing
the following:
l)
7
compact spaces ('
regular
spaces=equired)
2)
A
19' access aisle
for 90°
angle parking (23' required)
1.0.57F,
31
CITY COMMISSION �
MEETING OF
NOV 1 91981
81MUMI
....,
K
3) No landscaped segarat.ion between driveway and the
south propert-; line. at the point where the dri•� ewav
crosses the base building �ine (5' required)
4) "To separation between the driveway and the south
property line at the point where the driveway crosses
the base building line (5' reauired).
This property is zoned C-4 (General Commercial), be and the same is
hereby granted.
PASSED AND ADOPTED this 19 day of -,4ovEMsE. , 1981.
MAURICE A. FERRE
MAUR CE A. F ERBE , : AYOR
ATTEST.
f
G.ONGIEY CLERK
PREPARED AND APPROVED BY:
0'11. V ( .'`0't(
TERP.Y t CY
.-
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
G RG ; . IZNOX , .i R.
CITY JTORNEY
-2-
1.. 0 S7�'_
3 1.,
)1-100`;
u,�M .tea' ..•.Y.?'+..1 :`..'7ra•!"�.�..•'Rw�7..�G�:ys• 'AS 'R4 %•.:�41:Lwrr'tfr J....!'•Lii�Y:7 ;\?tM�.]rM:�': ti'I�.fe .�hfJM a•'"...►7.v •. w::'.v�./1i': {1 N �..
.-••�.�,v.�••y.M..;waF...r�1T+1:"•_•i!i yam'_ .�af:y;\Lv.+bray'M�'f�+wey.l'�'��'SMII���N.,':�'�wwMMlp"w:,rr!
r+' AMENDING OROINANCS
1972
8042
ry 19i6
0 524
r 1979
9975
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I
R"1310 JAN. 1, 1980 CITY Of NIAMI PLANNING DL►T.
:I
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
COPY of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10578
In the ..........X ..X.. X...................... Court,
was published in said newspaper in the issues of
May 8, 1989
Affiant further says that the said Miami Review Is a
reaper published at Miami in said Dade County, Florida,
t%t the said newspaper has heretofore been continuously
(shed in said Dade County, Florida, each day (except
rday, Sunday and Legal Holidays) and has been entered as
nd class mall matter at the post office In Miami In sold
County, Florida, for a period of one year next preceding
Irat publication of the attached copy of advertisement; and
it f rther says that she has neither paid nor promised any
Irm or corporation any discount, rebate, commission
1 d for the purpose of securing this advertisement for
lion in the said n "spoppr,
.( �. c,,N/P
V .�•y V�
Swore qnd �A�ibscrlAl before me this
8 � • �.J � >> Y' ds� N
M -
y o n ..... A.D. ..9. .
�..
S• •'• .� ton u of
lorids at Large
+� �� •�p;:;:.:Y i ie pf �
(SEAL) •��i T� (i}}'- F�..1� �`���
My Commission °AkpJ�es ,4ug. 1a 92.
MR 143A �«asaaNsn
�1T r t t),'7 I.r'A .,NOTICE
All Interested persons will take notice that on the 27th day of April,
1989, the City Commission of Miami, Florida, adopted the following titled
ordinances:
ORDINANCE N0.10575
AN ORDINANCE AMENDING SECTION 14.17 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO EXPAND THE
BOUNDARIES OF THE DOWNTOWN DEVELOPMENT DISTRICT
TO INCLUDE THE AREA BOUNDED GENERALLY ON THE NORTH
BY N.E. 24TH STREET, ON THE SOUTH BY N.E. i?TH TERRACE
AS EXTENDED, ON THE EAST BY N.E. 4TH AVENUE AS
EXTENDED, ON THE WEST BY N.E. 2ND AVENUE, CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10578
AN EMERGENCY ORDINANCE WAIVING THE PAYMENT OF ALL
FEES CHARGED INDIVIDUALS FOR ADMISSION TO ALL CITY -
OWNED SWIMMING POOLS BETWEEN THE DATES OF MAY 27,
1989 AND SEPTEMBER 4, 1989; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 10677
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "EMS FIRST AID RESOURCE
TRAINING (FY'89)", APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $39,873,
CONSISTING OF A $26,539 GRANT FROM THE STATE OF
FLORIDA: DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES: AND $6,364 FROM THE VIDEO PRODUCTION AND
TRAINING ASSISTANCE CAPITAL PROJECT (313228);
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE NO.105T8 i
AN REMEDIAL ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION FOR THE SOUTHERLY 5.FEET
OF THE LOT LOCATED AT APPROXIMATELY 115.129
SOUTHWEST 36TH COURT, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM CR-317
COMMERCIAL RESIDENTIAL (GENERAL) TO RG-1/3 (GENERAL jI
RESIDENTIAL); MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING
ATLAS; AND PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO,10679
AN ORDINANCE AMENDING ORDINANCE ON, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING: SUBSECTIONS 2024.1.3, ENTITLED
"LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS AND
PIERS IN RESIDENTIAL AND CR-2 DISTRICTS; LIMITATIONS ON
LOCATION AND CHARACTER OF VESSELS DOCKED OR
MOORED"; SUBSECTION 2024.1.3.1 ENTITLED "SPECIAL
LIMITATIONS CONCERNING MODIFICATION OF SEPARATION
REQUIREMENTS IN RG-2.1, RG-3, AND SPI.5 DISTRICTS";
SUBSECTION 2024.10 ENTITLED "EXTENSIONS OF DOCKS AND
PIERS INTO WATERWAYS GENERALLY", AND SUBSECTION
2024.11 ENTITLED "EXTENSIONS OF DOCKS INTO WATERWAYS,
CANALS OR BISCAYNE BAV; SPECIAL EXCEPTIONS", BY
INCREASING FROM TWENTY-FIVE (25) FEET TO THIRTY-FIVE
(35) FEET THE PERMITTED DISTANCE THAT DOCKS OR PIERS
MAY EXTEND INTO BISCAYNE BAY AND OTHER WATERWAYS;
AND PROHIBITING GRANTS OR VARIANCES IN THESE
INSTANCES IN THE RS-1, RS-2 AND RG-1 DISTRICTS.
ORDINANCE NO. 10580
AN REMEDIAL ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FOR PROPERTY LOCATED AT APPROXI.
MATELY 879 NORTHEAST 78TH STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), FROM COMBINATION OF
CR-3/7 COMMERCIAL RESIDENTIAL AND RS-2/2 TO CR-3/7
COMMERCIAL RESIDENTIAL; MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 9 OF
SAID ZONING ATLAS.
ORDINANCE NO. 10581
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION OF APPROXIMATELY 6500.6598 WEST
FLAGLER STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), FROM RG•3/5 GENERAL RESIDENTIAL
TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY); BY
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 30 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Said ordinances may be inspected by the public at the Office of the
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday thv�ug
Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 a.m.
T CI C
CITY CLERK
(8131) MIAMI, FLORIDA
518 89.4.050842M