HomeMy WebLinkAboutR-89-0411J-89-281(a)
4/27/89
RESOLUTION NO.
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND GRA14TING THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE 20, SECTION 2031, S013SECTION
2031.2, TO PERMIT A REDUCTION IN THE NUMBER
OF RESERVOIR SPACES FROM A REQUIRED MINIMUM
OF 2 TO 1 FOR THE CAR WASH AT THE AMOCO
SERVICE STATION FOR THE PROPERTY LOCATED AT
1660 WEST FLAGLER STREET (MORE PARTICULARLY
DESCRIBED HEREIN), AS PER PLANS ON FILE, AND
SUBJECT TO CLASS C SPECIAL PERMIT; ZONED
SPI-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL
DISTRICT AND IMPOSING A TIME LIMITATION OF
TWELVE MONTHS WITHIN WHICH A BUILDING PERMIT
MUST BE OBTAINED; FURTHER REQUIRING THAT
APPLICANT SEEK REVIEW OF THIS SPECIAL
EXCEPTION BY THE CITY COMMISSION PROMPTLY
AFTER PASSAGE OF THE TWELVE MONTHS.
WHEREAS, the Miami Zoning Board at its meeting of October 3,
1988, Item 5, following an advertised hearing, adopted Resolution
ZB 130-88 by a five to two vote (5 - 2), granting the Special
Exception as listed in Ordinance 9500, as amended, the Zoning
Ordinance of the City of Miami, Article 20, Section 2031,
Subsection 2031.2, to permit a reduction in the number of
reservoir spaces from a required minimum of 2 to 1 for the car
_= was at the Amoco Service Station for the property located at 1660
West Flagler Street, also described as Lots 6-9, inclusive, less
R-O-W Block 6, LAWRENCE ESTATES LAND COMPANIES SUBDIVISION, as
per plans on file, and subject to Class C Special Permit; zoned
SPI-14 Latin quarter Commercial -Residential District; and
WHEREAS, the City Commission, after careful consideration of
this matter, finds that the application for a Special Exception
does meet the applicable requirements of Zoning Ordinance 9500;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The decision of the Zoning Board in granting the
Special Exception as listed in Ordinance 9500, as amended, the
CITY COMMISSION
MEETING OF
APR 27 1989
RESOLUTION No.
Zoning Ordinance of the City of Miami, Article 20, Section 2031,
Subsection 2031.2, to permit a reduction in the number of
reservoir spaces from a required minimum of 2 to 1 for the car
was at the Amoco Service Station for the property located at 1660
West Flagler Street, also described as Lots 6-9, inclusive, less
R-O-W Block G, LAWRENCE ESTATES LA14D COMPANIES SUBDIVISION, as
per plans on file, and subject to Class C Special Permit; zoned
SPI-14 Latin Quarter Commercial -Residential District, is hereby
affirmed subject to a time limitation of twelve months within
which a building permit must be obtained, and the Special
Exception is hereby granted.
Section 2. This decision of affirmance is conditioned upon
the applicant's full and faithful compliance with the following
conditions:
(a) This Special Exception will have a twelve (12) month
duration, and the applicant shall obtain any building or other
municipal permits required within twelve (12) months from the
date hereof.
(b) The applicant will promptly seek review from the City
Commission of this Special Exception after the passage of twelve
(12) months from the date hereof to assure that there has been
compliance with the requirements and intention of Zoning
Ordinance 9500.
PASSED AND ADOPTED this 27th day of A ril , 1989.
AT ST XAVIER L., UAR' , MAYOR
RATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
RAFA E. SUAREZ- S
Ass'stant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JOR(JE L. PERNAN EZ
City Attorney
-2-
89-411
LOCATION/LEGAL
APPLICANT/OWNER
ZONING _
REQUEST
RECOMMENDATIONS
PLANNING DEPARTMENT
PUBLIC WORKS
DADE COUNTY TRAFFIC
AND TRANSPORTATION
ZONING BOARD
ZONING FACT SHEET
1660 W. Flagler Street
Lots 6-9 inclusive less r-o-w
Block 66
LAWRENCE ESTATES LAND COMPANYS SUBDIVISION
Amoco Oil Company
200 East Randolph Drive
Chicago, Ill. 60601
Lee H. Schillinger, Esq.
2121 Ponce de Leon Boulevard
Coral Gables, FL 33134
SPI-14 Latin Quarter Commercial - Residential
District.
Special Exception as listed in Ordinance 9500,--
as amended, the Zoning Ordinance of the City of
Miami, Article 20, Section 2031, Subsection
2031.2 to permit a reduction in the number of
reservoir spaces from a required minimum of 2 to
1 for the car wash at the Amoco Service Station
on above site, as per plans on file.
DENIAL. The special exception to allow the
redu- cticn from two (2) to one (1) of the
reservoir spaces required after the self service
car wash, in conjunction with the Amoco service
station, is not adequate as additional back-up
would occur off Flagler Street. The grant of
this speaal exception would not be in harmony
with the general intent and purpose of this -
zoning ordinance, and could 'be injuriouG to the
neighborhood, or oche iae detrimental to the
public Nelfa.::e. This additional back-up would
impact safety of tnotozists and could create a
situation of traffic congestion as well as a
disruption of living conditions in the area.
No comet
No comments.
At its meeting of October 3, 1988. the Zoning
Board adopted Resolution ZB 130-88, by a 5 to
2 vote, granting the above, subject to City Com-
mission review, with a time limitation of twelve
(12) months in which a building permit must be
Obtained.
Four proponents were present at the meeting.
89-411 ,
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89-411
It 4
APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION
File Number DSE-83-� s..._.__
Within the City generally, or within certain zoning districts, certain structures, uses,
and/or occupancies specified in this ordinance are of a nature requiring special and
intensive review to determine whether or not they shm dd be permitted in specific
locations, and if so, the special limitations, conditions, and safeguards which should
be applied as reasonably necessary to promote the general purposes of. this Zoning
Ordinance, and, in particular, t® protect adjoining properties and the neighbon"Wad
from avoidable potentially adverse effects. It is further tntenddd that tIW
and judgement of the Zoning Board be exercised in making such datermtnations, to
accordance with the rules, considerations and limitations relating to Class D Special
Permits and Special Exceptions. (See Article 26.)
Formal, public notice and hearing is not mandatory for Class D Special Permits, but is
mandatory for Special Exceptions. In other respects, these classes of special permits
are the same.
The Zoning .board Mall be solely responsible for determinations an applications for
Class D Special Permits and Special Exceptions. All applications in these classes of
special permits shall be referred to the director of the Department of Planning for his
recommendations and the director shall male auW forth - ref erraI3 required k' these
regulations..
1,�t?arr _,, �Cc�n��T _ , l�eY apply t0 the City Of
Miami Zoning Board for aFpror ai of, crack cane:
CIGSS D Special Porn, it
XIx Spacial Excc-ption
for property located c46O W Fi ogler Street
...
Miami.
Nature of Proposed Use (Be specific) to reduce the stacking of reservoir
spaces after the. end of the car wash line from 2 require to , as
--al-.-a-12onconformincr use which will continue
indefinitely.
Form 10-83
• �y� i ui .i
I attach the following in support or explanation of this application:
I. Two surveys of the property prepared by a State of Florida Registered Land
Surveyor. ,
2. Four copies of: site plan showing (as required) property boundaries, existing and
proposed structure(s), parking, landscaping, screening, etc; building elevations (if
required) with dimensions and computations of lot area (gross and net), LUI ratios
(open space, floor area, parking, etc.), building spacing and height envelope.
See Section 2304.2.I(c).
3. Affidavit disclosing,ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to applicatiam).
4. Certified list of owners of realestate within 375' radious from the outside
boundaries of property covered by this application. (See Farm 6-83 and attach to
application).
S. At least two photographs that show the entire property (land and improvements).
6. Other (Specify)
7. Fee of $ , based on following:
(a) Class D $300.00
(b) Special Exception 0.00
(c) Surcharge equal to applicable fee from (a) or t cee $400; to
be -refunded if there is no appeal (City Cod cti I3
Signat _ `_
�Jif:�w."b'_.e��•.fI�IB�L�� e�.l`:`• J."i i�t:;;.�1
Name Lee_ ii. Schi Ilinger , _Esq.
Add, 121 Ponce de
Leon Boulevard
ess
Coral Gables, :yvF lc�r �.fd a 3 313 4
City, State, �ip�_,,._��_ �_
Phone (305) 444-8383
STATE OF FLORIDA) SS:
COUNTY OF DADE )
Lee H. Schillinger, Esq. being duly sworn,
eposes ona says that ne is the i;5rwr) authorized agent) of t e real property described
above,; that he has read the foregoing answers and that the same are true and complete; and
(if acting as agent for owner) that he has authority to execute this application form on
behalf of the owner.
Form 10-83
5
Page 2 of 3
LA
AF'F'IIIAVIT
STATE OF FLORIDA.) 4 SS.
MINTY OF FADE 7 )
l�!y r- 'h',l
iiEArim :
-88 AUG 32 P 4 11
Before me, the undersigned authority, this day personally
appeared Lee Schillinger, Esq. who b=_ing by -me first duly sworn,
upon oath, deposes and. says:
1. That he is the owner, or the lei representative of the
owner, sut-nitting the acca'upwjyin7 application cation for a public hearing as
required by Ordinance No, 9500 of the Code of the ;,ity of Miami,., Florida,
effecting the rca.l prvpert y located an the City of Min 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 attacled 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
Fepresentative.
4. The facts 'as represented in the application anff documents
submitted in conjuucticn with this affidavit are true and correct.
Further Affiant sayeth not.
i
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My Caamission Expires:
NOTANT PUOLIC
NY COMMISSION EXP. OCT. 1.1900
pO/0iD tKni6ENENAL INS. •
89-- 411. .
FA
11
OWNER'S S LIST
El
Owner's Name Amoco Oil Company
Hailing Address - 200 Bast Randolph Drive, ghicago, Ill. 60601
Telephone Number
Legal Description:
Lots 6 , 7 , 8 and 9 of LATIRENCE ESTATES LAND COtiPA.NYS SUBDIVISION
according to the plat thereof as recorded in Plat Book 2, at
Page 46 of the Dade County Public records
Owner l s Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
.Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within!375' of the sutlject
site is listed as follows: - • -
Street Address Legal 'Description
None
=`r Street Addre.s:-. Legal Description
7
t
Street Address Legal Description
89��1� .
cm
r
11 1)1EJ-a5p of cx`-� 111P
1. Legal description and street address of subject real property;
Lots 6,7,8, and 9, Block 66 of LAWRENCE ESTATES LAND
COMPANYS SUBDIVISION according to the plat thereof as
recorded in Plat Book 2, Page 46 of the Dade County Public Records
2. Owne'r(s) of subject real property and percentage of ownership.
Note: City of Mimi Ordinance No, 9419 requires disclosure of all parties
aving 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.
/Uo` 0 zds a publically
.A Amoco oil Company, a Maryland corporation,
owned and traded corporation. See attached annual report
for information concerningofficers and directors.
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: -
COU,WY OF DADE )
r Qe x _i.�..Q Fs� -• being duly sworn, deposes and
says that ne is the (S qr) ii_-ttorney for owner) of the real property
described in answer to question i#1, above; that he has read the foregoing
answers and that the sa<re are true and complete; ad (if acting as attorney
for owner) that he has authority to execute this Disclosure of ownership
form on behalf of the owner.
/ I
(SEAL)
(Na*ne
SWOfv To AMID SUSSCRMW
before me. this^ a �
uGy VL , 173��.
W COMKISSION E)TIRES OF ftbltoh
�uf'+ ,tent �t�R
i
Notary Public, Stater
Florida at Large
K
(over)
STATE OF FLOPMh ) SS:
Ccutm OF DADE )
Lee H. Schillin er Esq.,
being duly swcvrn, deposes and
suers that he is e duly appointea attorney at law of Amoco Oil gpmpany
the owner of the real property descr3 in answer to question , above;
plaa has and thad the t he has then
com—
plete;authority to execute this Disclosure of Owner—
ship form on behalf Of the owner.
( SEAL)
sw m To Am sUE.SCRI�BED
before me this
day of
NotR PUD ic, State of
Florida at Large
MY CoplaSSIM, MIRES:
,
rtt -r SiI��1
kIE►�, .
LUSTIG ANC) SCH t LL(NQgF�I1G32 P4:10
NOT PARTNERSHIP
ATTORNEYS AT LAW
2550 DOUGLAS ROAD
SUITE 206
CORAL GABLES. FLORIDA 331,34
TELEPHONE (305) 444.6383
ROY R. LUSTIG, RA.
LEE H. SCHILLI ORW
ADMITTED IN
FLORIDA AND
NEW YORK
August 25, 1988
City of Miami Zoning Board
275 N.W. 2 Street
Miami, Florida 33131
Re: 1660-1690 West Flagler Street: application -of
Amoco Oil Company for Special Exceptions and for
variance of pedestrian open space requirements to
rebuild an existing station.
Dear Chairman and Board Members:
Amoco Oil Company, as owner, desires to rebuild an
existing self serve gasoline station and Food Shop
convenience store and a car mash at the unusually shaped
property located at 1G60-1690 W. Flagler Street. The new
station will' sulasta.nt:ially improve the appearance of the
existing station in confoin-m nce with. the, arc hitoctu,ral
requirements of the Latin Quarter t�i:;tricot':.
f.moco oil Company, t:he: Ianid c,7PFt'si: , r c:C;ue',`.''tr a C;P(,ci3O,1
exception approva.l try rebuild a which is
exTpectod to r'cmain indefinitely. 1T1hc: c:z,ir,�t: nag building noes
constitutes c`3 legal I1onconfoi.-Ming use in the a3%-14., Latin
Quarter District.. The present uses include self Nerve sale
of gasoline, car wash, food sales and auto repairs. lm--Oco
oil company proposes to rebuild the station to be in beeping
with the architectural requirements. The uses will continue
to include the self serve sale of gasoline, a Food Shop
convenience store and a car wash.
The property is an unusual "pie shape", narrowing to the
western side, located at the junction of West Flagler Street
and Southwest 17th Avenue. The unusual shape constitutes a
!^ardship because the narrow area which remained after eminent
domain taking for roadway purposes reduces the amount of open
space available for computation of the pedestrian open space
requirements of the Comprehensive Zoning ordinance and also
reduces the amount of land available for stacking two cars
behind the car wash.
ZI
The existing service station is presently nonconforming
with regard to both the pedestrian open space and to the
extent that the existing car wash is presently part of the
structure of the one building and cars cannot stack to use
the present car wash. The Special Exception and Variance
requested, therefore, is the minimum required to be able to
use the property in a manner consistent with the present uses
and also to rebuild in accordance with the Latin Quarter
requirements.
The property is zoned CR-3 SP 14 and the uses are
allowable with a Class C permit. These two (2) Special
Exceptions and Variance, however, are: a precondition and must
be sought and obtained prior to the Class C permit. The
proposed station will comply with the architectural
requirements of the area in a manner which is consistent with
.the other Amoco stations which have been rebuilt in the SP 14
Latin Quarter District.
Anoco Oil Company respectfully requests approval of this
application for Special Exceptions and a Variance so that it
may continue improving its stat.i.oney in this gaedglaborhood.
l� CptJ. y 9 ry
r
e H. Schillinge