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Home My WebLink AboutR-88-0667J-88-617 7/14/88 RESOLUTION NO. S8766'd A RESOLUTION DENYING THE APPEAL AND UPHOLDING THE ZONING BOARD'S AFFIRMATION OF THE PLANNING DIRECTOR'S DECISION TO APPROVE CLASS C SPECIAL PERMIT, FILE NO. C-88-848, FOR THE PROPOSED OFFICE BUILDING TO BE LOCATED AT 2701 DAY AVENUE, MIAMI, FLORIDA, AND ADOPTING AND INCORPORATING THE FINDINGS OF THE PLANNING DIRECTOR, SUBJECT TO REPLACING THE 13 'FREES ALONG THE PERIMETER OF THE PROPERTY WITH 25-FOOT OAK TREES INSTEAD OF THE PROPOSED 18-FOOT TREES. WHEREAS, the Miami Zoning Board at its meeting of June 6, 1988, Item #4, adopted Resolution ZB 77-88 by a nine to zero (9-0) vote, denying the appeal and affirming the Planning Director's decision of April 11, 1988, to issue a Class C Special. Permit File No. C-88-848; and WHEREAS, concerned residents have taken an appeal to the City Commission from the Zoning Board's decision; 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 confirm the issuance of said Class C Special Permit File No. C-88-848; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The preamble of this Resolution is incorporated and made a part hereof as though restated and set forth herein. Section 2. The findings of the Planning Director set forth in the Class C Special Permit, File No. C-88-848, dated April 11, 1988, are adopted and incorporated herein by reference. Section 3. The appeal from the decision of the Zoninq Board to uphold the Planning Director's issuance of the Class C Special Permit, File No. C-88-848, for the proposed office CITY COMMISSION MEETING OF JUL 14 1988 RESOI LMON No. REMARKS: It 0 building to be located at 2701 bay Avenue# Miami, Florida, is hereby denied and the issuance of the Class C Special Permit, Pile No. C=88-8481 is hereby affirmed, subject to replacing the 13 trees along the perimeter of the property with 25-foot oak trees instead of the proposed 18-foot trees. PASSED AND ADOPTED this 14th day of July r 1988. A! � XAVIER L. REZ, MAYOR MA TY HIRAI City Clerk PREPARED AND APPROVED BY: A ak G. '1M`V1;C1A--A MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: JOR E L. FERN NDEZ Cit Attorney GMM/rcl/M7 88--667 N C t'Y OF MIAMI. Fi-ORIDA INTER -OFFICE MEMORANDUM Gloria Fox, Chief Hearing Boards Division G. .iriam Maer Assistant City Attorney Auqust 17, 1988 `,LE ESE=, Notice of Appeal - Tiger Bay Condominium Assn. et al 2701 Day Avenue -ErEOENCES City Commission Meeting of 7/14/88 Resolution No. 88-666 E'4CL-�SUPEs and 88-667 Attached hereto, is a cony of a Notice of Appeal dated August 10, 1988, which h n_ filed ,y the aggrieved party in the subject matter. This item !appeared before the Citv_ Commission as Agenda Item PZ-151 nd PZ-153 on July 14,,1988. Also attached are Florida Rules of Appellate Procedure, sections 9.110 and 9.200 . I direct your attention to subsection (e) of 59.110 entitled, "Record," and subsections (a) and (d) of 59.200. The Record should include transcripts of the City Commission and pertinent Zoning Board meetings, as well as, any and all exhibits, letters, or other information received into evidence or tendered for review by the Planning Department, Public Works Department, or any other City department, the Zoninq Board, or City Commission. Please keep this office apprised of the status of all Record preparation. We stand ready to answer any auestions you may have. Thank you in advance for your cooperation in this matter. GMM/rcl/P335 enclosures cc: Mattv Hirai City Clerk r N '4w1 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Gloria Fox, Chief Hearing Boards Division G. Vriam Meer Assistant City Attorney August 17, 1988 ' `E FL`- Notice of Appeal - Tiger Bay Condominium Assn. et al 2701 Day Avenue -ErSOENCES Citv Commission Meeting of 7/14/88 Resolution No. 88-666 ENCL�'SUAES and 88-667 Attached hereto, is a copy of a Notice of Appeal dated August 10, 1988, which h a- filed _y the aggrieved party in the subject matter. ,.4'his item -appeared before the Citv Commission as Agenda Item PZ-151 nd PZ-153 on July 14,/1988. Also attached are Florida Rules of Appellate Procedure, sections 9.110 and 9.200 . I direct your attention to subsection (e) of S9.110 entitled, "Record," and subsections (a) and (d) of S9.200. The Record should include transcripts of the City Commission and pertinent Zoning Board meetings, as well as, any and all exhibits, letters, or other information received into evidence or tendered for review by the Planning Department, Public Works Department, or any other City department, the Zoninq Board, or City Commission. Please keep this office apprised of the status of all Record Preparation. We stand ready to answer any questions you may have. Thank you in advance for your cooperation in this matter. GMM/rcl/P335 enclosures cc: Matte Hirai City Clerk Glty OP MIAMI. IrLOPIOA �041' IpfiEf�t�R'R16E MEMORANDUM DAtt uG I Is t 1 i; ^ ro 1088 hit RObERT F. CLARK g Chief Deputy City Attorney D E i _ suaAtcr C I i rRoM Rttt"IENtts TTY HIRAI City Clerk tNtLosuAts SUBJECT: NOTICE _______ OF ADMINISTRATIVE APPEAL Tiger Bay Condominium Association Apogee II Condominium Association Apogee Condominium Association Townscape Homeowners Association and Centerview Townhouse Association Enclosed herein please find Notice of Administrative Appeal in the above -referenced case. By copy of this memorandum we also are sending a copy of said Notice to Gloria Fox, Building and Zoning Department, Hearing Boards. MH:smm CC Gloria Fox, Building and Zoning Department, Hearing Boards Miriam Maer, Assistant City Attorney n IN THE COMMISSION OF THE CITY OF MIAMI, DADE COUNTY, FLORIDA CASE NO. FLORIDA BAR NO. 355719 TIGER BAY CONDOMINIUM ASSOCIATION, APOGEE II CONDOMINIUM ASSOCIATION, APOGEE CONDOMINIUM ASSOCIATION, TagNSCAPE HOMEOWNERS ASSOCIATION and CENTERVIEW TOWNHOUSE ASSOCIATION, Petitioners/Appellants, v. HERNANDO A. CARRILLO Respondent/Appellee. NOTICE OF ADMINISTRATIVE APPEAL NOTICE IS GIVEN that TIGER BAY CONDOMINIUM ASSOCIATION, APOGEE II CONDOMINIUM ASSOCIATION, APOGEE CONDOMINIUM ASSOCIATION1 TOWNSCAPE HOMEOWNERS ASSOCIATION and CENTERVIEW TOWNHOUSE ASSOCIATION, Appellants, appeal to the Circuit Court of the Eleventh Judicial District in and for Dade County, Florida, Resolution 88-666 and Resolution 88-667 of this Commission of the City of Miami rendered July 14, 1988. The nature of the resolutions are the denial of the appeal of the City of Miami Zoning Board's decision to Uphold the Zoning Administrator and Grant the Class B Special Permit, File No. B-86-0060, and the denial of the appeal of the City of Miami Zoning Board's decision to Uphold the Planning Director and Grant the Class C Special Permit, File No. C-88-848, for the proposed office building at 2701 Day Avenue, Miami, Florida. CUTIF3CATE AP B19-VICE I hereby certify that a true and correct copy of the foregoing Notice of Administrative Appeal was mailed this tt day of August, 1988 to Hernando A. Carrillo, 3460 South Dixie Highway, Miami, Florida 33133 and Alberto R. Cardenas, Esq., 1221 Brickell Avenue, 22nd Floor, Miami, Florida 33131. ROBERT V. FITZSIMMONS, P.A. The Courvoisier Centre, Suite 505 501 Brickell Key Drive Miami, Florida 33131 (305) 358-7707 100, Robert V. Fitzsimmons 2 PNEWim"'j, R['LES OF APPELLATE PROCEDURE Rule 9.110 unner to file s bnef Anr argument or citations Rule 9.110. Appeal Proceedinga to Review of authorm which the peaooner desires to place Final Orden of Lower Tiibu- before the court must be contained in the petition Ths change in procedure s intended to eltmtrute naffs and Orders Granting New the wasteful current pramee of filing repetitive Trial in Jun and NonJury pemions and bnefs, under section (gi no record Cash u required to be filed unless the court so orders in m Applicability. This rule applies to those pro - but under seetiori (e) the petitioner must file an ceedmngs which: apperAa to the peation containing conformed ill invoke the appeal unsdiction of the courts Ply ) copra of the order to be reviewed and other relevant matental, including poruoru of the des�bed in Rule 9.0301aN11: IbKINA) and rmm if a record exist*. Time appendix should (c K 1 K A ); also corium any documents which support the (2) seek review of administrative action de- allegamm of fact contatried in the petition. A scribed in Rule 9.030(b)(1)(C) and (cNINC); and lack of auppoi g documents may, of course. be considered by the court in exercising its discretion (3) seek review of orders granting new trial in not to issue an order to show cause. )ury and non -jury cn-il and cranial eases de - Under Section (1). (h) and (i), if the allegst3ons scribed in Rules 9.130(04) and 9.140(e)(1)(C)• of the petition. if true, would constitute grounds (b) Cornnseneement. Jurisdiction of the court for relief, the inset may exercise its discretion to under this rule shall be invoked by filing two copies issue as order ergoams the respondent to &how of a notice. accompanied by filing fees prescribed by cause why the requmted relief sh(nid not be gnmcite& A single rmponsrve piesd rig twithmt a law, with the clerk of the lower tribunal Witham 30 brief) may them be served. accompanied by a Sys of rendition of the order to be reviewed. supplemental appendix within the time period set (c) Exception: Administrative Action. In ap- by the court in its order to show cause. The peal ofadmaiistmave action, the appellant shall pay petitioner a then allowed 20 days to serve a repiv the fee and file the second copy of the notice with and supplemental appendix, unless the court sets the court another time. It should be noted that the tunes for response mod reply are computed by reference (d) Notice of Appeal. The notice of appeal shall to service rather than filing. This practice is be substantially in the form prescribed by Rule conststent throughout these rules except for rnr 9.900(a►. The caption shall contain the name of the teal. )ursdmctional filings. The emphasis on ser• , lower tribunal. the name and designation of at least vice, of course. does not relieve counsel of the one party on each side, and the case number to the responsibility for filing original documents with lower tribunal. The notice shall contain the name the court as required by Rule 9.420(b): it merely affects the time measurements. of the court to which the appeal is taken, the date of Except as provided automaucaliv under section rendition and the stature of the order to be re_ ICia stay pending resolution of the onginal pro- viewed ceeding mmv be obtained under Rule 9.310. (e) Record. Within SO days of filing the notice. Tranatnmal of the record pursuant to order of the clerk shall prepare the record prescribed by the court under section (g) shall be to accordance Rule 9.200 and serve copies of the index on all with the inswoeoons and times set forth in the parties. Within 110 days of filing the notice, the order clerk shall transmit the record to the court. 1980 Amendment (381 Sold 1370). The rule (f) Briefs. Appellant's initial brief shall be was amended by deleting its reference to former Rule 9.030(sx2MB1 to reflect the 1980 revisions to served within 70 days of filing the notice. Addition - .-'treacle V. Seetwn 3(b) of the Florida Constitution al briefs shall be served as prescribed by Rule 9.210. that eliminated Supreme Court review by ceruora- (g) Cron sh Appeal. An appellee may cross appeal n of non -final orders that would have been cap- by serving a notice within 10 days of service of the Pealable d thev had been final orders. The prose- appellant's notice or within the time prescribed in aure's applicable to discretionary Supreme Court review of distract court decisions pursuant to Rule section (b) of this rule. whichever is later. No filing 9A30taM2NA) are goyerried by Rule 9.120. The fee shall be required for a cross appeal. procedumzs applicable to Supreme Court dscre- (h) Scope of Review. The court may review any tionary review of trial court orders and ludg- ruling or matter occurring prior to filing of the menu certified by the district courts pursuant to Rule 9.030(al(2)(B) are set forth in Rule 9.12S. notice. Multiple final orders may be reviewed by a single notice, if the notice is timely filed as to each 1990 Committee Note (387 So.2d 92o). Section such oraer. idi was amended to delete references to the dis tract courts of appeal u the proper court for (i) Exception: Bond Validation Proceedings review of orders excluding the press and public, Where the appeal is from an order in a proceeding since the apprvpnitte court could also be a circuit to validate bonds or certificates of indebtedness, the court or the Supreme CouR recora shall not be transmitted unless ordered by 507 Rule 9.110 RULES OF APPELLATE PROCEDURE the Supreme Court Appellant's initial brief. accorn- panwd by an appendix as prescribed by Rule 9.220. ser shall be ved within 20 days of filing the notice. Additional briefs shall be served as prescribed by Rule 9.210. (1) Exception. A®pest! Proc"41ings from Dis- trict Courts of Appeal. Where the appeal is from an order of a district court of appeal, the clerk shall transmit the record to the court within 60 days of filing the notice. Appellant's initial brief shall be served within 20 days of filing the notice. Addition- al briefs shall be served as prescribed by Rule 9.210. (k) Except as otherwise provided herein, partial foul judgments are reviewable either on appeal from the partial final judgment or on appeal from the final judgment in the entire can. If a partial final judgment totally disposes of an entire case as oanm, it must be appealed within thirty days reiiiAmended march 27. 1980. effective April 1, 1990 (381 So.2d 1370E Nov. 26. 1980, effectrwe Jan. 1. 1981 (391 So.2d 203E Sept 13, 1984. effective Jan. 1, 1985 (463 So.2d 1114). Cossamee Now 1977 Rewisiow This rule replacer former Ruks 3.1. 3.5. 4.1, 4.3. 4.4 and 4.7. it applies where (1) a final order has been entered by a court or administrative agency: (2) a motion for a new trial in a jury case is granted: or 131 a motion for renearung in a tan -jury case is granted and the lower tribunal orders new testimony. it should be noted that certain other non -final orders en- tered after final order are reviewable under the procedure set forth in Rule 9.130. This rule does not apply to review proceedings in such asses. Except to the extent of conflict with Rule 9.140 govermtng appeals to crunmal canes. this rule goy erns: (1) appeals as of right to the Supreme Court (2) certiorari proceedings before the Su- preme Court seeking direct review of adnimistra- uve action (for example, Industrial Relations Commission and Public Service Commission); (3) appeals as of right to a district court of appeal, including petitions for review of administrative action under the Administrative Procedure Act Section 120.68, Florida Statutes (Supp.1976); (4) appeals as of right to a curuit court, including review of administrative action when provided by law. This rule is intended to clarify the procedure for review of orders granting a new teal. Rules 9.130(&MO and 9.140(cwlXC) authorise the appeal of orders granting a motion for new teal. Those rules supersede Clement v Aztec Saks. Inc.. 297 So.2d 1 (F1a.1974), and are consistent with the decision there. Under section (h) of this rule the scope of review of the court is not necessarily limited to the order granting a new trial. The Supreme Court has held that "appeals taken from new trial orders shall be treated as appeals from final judgments to the extent possible 508 Bowen v Willard. 340 So.2d 110. 112 (Fla_1976). This rule impements that deosion Sections ib► and ici establish the procedure for commenting an appeal proceeding. Withm Ilk days of the rendition of the fuvJ order the appei~ lent must file two copies of the notice of appeal accompanied by the appropriate fees, with the clerk of the lower tribunal: except that where review of administrative sewn is sought, nos copy of the notice and the applicable fees must be filed in the court Failure to file any tiotiP within the 30 day period constitutes an trremsdiw ble jurisdictional defect but the second copy sad fees may be filed after the 30 day period. subject to sanctions unposed by the court See FUR App.P. 9.040(h), and Williams v. Sate. 324 So.2d 74 (Ftt1975). Section Id) sets forth the contents of the notices, and eliminates the regnatament of the former risk that the notice show the place of recordatixis of the order to be reviewed. The rule regtttres sub- stantial compliance with the form approved by the Supreme Court The date of rendition of the order for which review a sought must appear ao the face of the notice. See the definition out "rendition" in Florida Rule of Appellate Proc♦ dure 9.020. and see the judicial construetaos d "rendition" for an administrative rule in Fkwida Admin. Comm'n Y. Judges of the District Coot, 351 Sold 71Z Case No. 50.232 (Fla. Oct 14, 1977), on review of Riley -Field Co. v. Askew, M So.2d 383 (Fla. 1st DCA 1976). This requt emtsst is intended to allow the clerk of the court to determme the t imehness of the notice from its face. The Advisory Committee intended that der fects in the notice would not be jurisdictional or grounds for disposition unless the complains. party was substantially prejudiced. This rule works significant changes in the rw. view of final admmntrsave action, The forrar- ruld required that a traditional petition for the, writ of certiorari be filed when Supreme Court review was appropriate and the practice tinder the, Administrative Procedure ,Act Section 120.Gk3 Florida Statutes (Supp.1976), has been for the "petition for review" to be substantially aim ilar tie .a petition for the writ of eertioran. See Yamshw International Corp. v. Ehrman, 318 So.2d 196 Mla.+ lat DCA 1975). This rule eliminates the need tfon true petitions in such cases. Instead. a simpM notice is filed, to be followed later by briefs. It W1 intended that the notice constitute the required in Section 120.68(2). Florida S� (Supp.1976). There is no conflict with the st� since the substance of the review proceeding mauls controlled by the statute and the leiW01 y tore directed review be pursuant to the peoaei dunes set forth in these rules. Since it is ad requirement of rendition that an order be writ and filed. this rule supersedes Shevin ex rei. Se-; v. Public Service Comm n, 333 So.2d 9 (FIa_197 and School Bd. of Lee County v. Malbon, 3� So.2d 523 (Fla. 2d DCA 1977), to the extent those decisions assume that reduction of an o to wrung is unnecessary for judicial review. RULES OF APPELLATE. PROCEDURE no rust is not intended w affect the dracre- tionsr� rutnre of direct Suprenx Court review of admaustratwe action tiaken pursuant to the cervo- ran jurmiocam of that Court set forth in Article V Section 3(b)(3) of the Florida Constitution. Such proceedmp remain in tertioran with the only change being to replace wasteful. repetitive petitsoris for the writ of certiorari with comae notices followed at a later date by brwfs. The parties to such sewas should be designated as ..petrooner" and "respondent" despite the use of the terms "appellant" and "appellee" in this rule See Commentary, FIa.R.App.P. 9.020. Sectwn (e►. if) and (R) set the tames for prepam- tion of the record. serving copses of the index on the parties. mrvmg brwfs and serving notsm of cross appeal. Pro. um for am appeal nodes has been ma& to replace the cross asargnments of error eliminated by these miles. In certioran proceedings governed by this ink the term "cross appeal" should be read as equivalent to "cross peution It should be noted that where time is measured by serrate. Rule 9.420(b) requires filing to be made before service or immediately their after Section (h) permits a party to file a stet& notice of appeal where a single proceeding in the lower tribunal, whether criminal or civil, results in more than one final judgment and an appeal of more than one is sought This ruie is intended to further the policies underlying the decisions of the Supreme Court in Scheel v. Advance Market- ing Consultants, Inc.. 277 So.2d 773 (F1a.1973). and Holhmon v. Sate. Z32 So.2d 394 (Fia.1970). This ruie does not authorize the appeal of multi - pie final judgments unless otherwise proper as to each. Where a prematurely filed notice is held in aneyance in accordance with Williams v. Stair. 324 So.2d 74 (FIa.1975). the date of filing is in- tended to be the date the notice becomes effec- tive Section (il provides an expedited procedure in appeau as of right to the Supreme Court in bond vaiidation proceedings. An appendix is niandun ry Section t)) provides for an expedited procedure in appeals as of right to the Supreme Court from an order of a district court of appeal. 1980 Anwndnient (381 So.2d 1370). The rule has been amended to incorporate changes in Rule 9.030 and to reflect the abolition of Supreme Court jurisdiction to review, when provided by general law, facial orders of trial courts imposing sentence& of life imprisonment- I980 Amendment (391 Sold 203). The refer- ence indxxted (2) in the second paragraph of this Committee Note for 19,77 Revision should be dis• regarded. See Amended Rule 9.030(a)(1)(B)(6) and accompanying committee note. 1984 Amendment. Subsection (k) was added t.o rerneey a pitfall in the application of case law under Mendez v. West Flagler Family Associa- tion, 303 So.2d I (F1a.19741. Appeals may now be Rule 9.120 Laken immedrsteiv or detsym untii the end of the entire cage, under the rationsie of Mendez Rule 9.120. Discretionary Proeftdinp to Re- view Decisions of Disfrkt Courts of Appeal (a) Applieabdity. This rule apples to those pro- ceedings whrch invoke the discretionary jurtsdieoon of the Supreme Court descnbed in Rule 9.030(&92KA). (b) Commencement. The Jurisdiction of the Su- preme Court described in Rule 9.03O(aK2XA) shall be Invoked by filing two copies of a notice, accompa- nied by the filing fees prescribed by law, with the clerk of the district court of appeal within 30 days of rendition of the order to be reviewed. (c) Notice. The nonce shall be substantially in the form prescribed by Rule 9.900. The caption shall contain the name of the lower tribunal. the name and designation of at least one party on each side, and the case number in the lower tribunLL The notice shall contain the date of rendition of the order to be reviewed and the basis for invoking the jIurisdiction of the court- (d) Briefs on Jurisdiction. Petitioner's brief, limited solely to the issue of the Supreme Court's jurisdiction and accompanied by an appendix cen- taining a conformed copy of the decision of the district court of appeal, shall be served within 10 days of filing the notice. Respondent's brief on jurisdiction shall be served within 20 days after service of petitioner's brief. No reply brief shall be permitted- When jurisdiction is invoked pursuant to Rule 9.030(a)(2)1AMv) or (aN21(ANvi) (certifications by the district courts to the Supreme Court), no briefs on jurisdiction shall be .filed. (e) Accepting or Postponing Decision on Juris- diction: Record. If the Supreme Court accepts or postpones decision on jurisdiction. the Court shall so order and advise the parties and the clerk of the distract court of appeal. Within 60 days thereafter or such other time set by the Court, the clerk shall transmit the record. (f) Brieft on Merits. Within 20 days of rendition of the order accepting or postponing decision on jurisdiction, the petitioner shall serve the initial brief on the ments. Additional bnefs shall be served as prescribed by Rule 9.210. Amended March 27. 1980, effective April 1. 1980 (381 So.2d 1370); Nov. 26, 1990, effective Jan. 1. 1981 (391 So.Zd 203). For the effective date and applxaoon of the amendmients to the Rules of Appellate Procedure of March rJ. 1990 (381 So.2d 1370). see the note following Rule 9 030 509 Committee Notes 1977 Revision. This rule repiacx& former Rule 4.5(c) and governs all certiorari proceedings to Rule 9.160 RULES OF APPELLATE PROCEDURE 9.140. 9.210. and 9.220, depending upon the nature of the appeal. (i) Cnicia-Appeal. Cross -appeals shall be permit- ted according to the applicable rules only in those cases in which a cross -appeal would have been au- thorized if the appeal had been taken to circuit court. (j) Appllea►l lty of Other Rules. All other mat. ten pertaining to the appeal ahall be governed by the rules which would be applicable if the appeal had bem taken to circuit court Added Sept 13, 1984. effective Oct 1. 1984 (463 So.2d 1114). Amended Feb. 14. 1985, effective March 1, 1985 (463 So.2d 1124). The Florida Supreme Coun opouoe of September 13. 1984. effective October 1. 1984 1463 So.2d 1114). provides m part "Rain 9.030MV4), 9.160. wad 9.166 (deieted by order at 463 So.2d 1124) have ban added to provide for the diacroo tart' luriedicam of ilk dstrxt am ts of appeal to Year questions artifisd by the asset, caw Tie race sapisissab the Mgulst: 8 atrarsseat of chapter 8648 , aeeoses 3 and 4. Laws of rwtsa wkieb provide for dstiiet caul review of ewrti6rr orders or rKwainew from assetr mart.... Commause Notes 1964 Ameadsoesit (463 Solt! 1124). This rule was added m order to implement the amendments to seeooes 26.012 and 924.06 tad the adoption of swum $4.195 by the 1964 legislature. Section 34.195 authorises only the ceruficame of final judgments. but section 924.06 authorises the certi- fication of nonfutal orders in criminal cases. Therefore, this rule does Dot provide for appeals from nonfinal orders to civil cases. Under the rationale of State v. Smith, 260 So.2d 489 (Fla. 1972). the authority to provide for appeals from nonfinal orders may rest in the supreme court rather than in the legislature. However, in keep- ing with the spirit of the legislation, the rule was drafted to permit certification of those nonfuial orders in criminal eases which would otherwise be appealtbk to the circuit court Sections 26.012 and 924.08 authorize only the eercfkation of orders deemed to be of great public importance. However, section 34.195 re- fers to the certification of questions in final judg- ments if the question may have statewide applic s- uon and is of great public importance or affects the uniform administration of justice. The com- mmAe concluded that any order which a certified to be of great public importance might have state- wide application aid that any order which would affect the uniform administration of justice would also be of great public importance. Therefore, the additional statutory language was deemed to be surplusage, and the rule refers only to the requirement of certifying the order to be of great pubbe importance. The district court of appeal may, in its discre- tion, decline to accept the appeal, in which event it shall be transferred to the appropriate circuit court for disposition in the ordinary manner. Ex- cept u stated in the rule, the procedure shall be 518 the same as would be followed if the appeal was being taken to circuit court The rule does not authorize review of certified oroers by common law certiorari. It is recommended that in those casts involving usues of great public importance. parties should file suggestions for certification prior to the entry of the order from which the appeal may be taken. However. parties are not precluded from suggest- ing certification following the entry of the order except that such suggestion. by rued. will not postpone rendition u defined in Rule 9.020(C). Rule 9.165. Repealed February 14, IM e festive March 1. IM (4( So.2d 1124 ) The Florida Supreme Court order of Sept 13. Inc (463 9a 11141 effective Jan. 1. 1985. adding the ruk was supraaW rehearing order of Feb. U. 1985, effeam Kan* 1. IN6. (4 So.2d 1124) npnakag same. The aubfen tanner d rda 6.16a aabasssed tinder role 9.160 u se ended as the releasing ui Rule 9.200. The Record (a) Contents. (1) The record shall consist of the original do uments, exhibits, and transcript of proceedings, any, filed in the lower tribunal, except munnim es, ptaecipes, subpoenas, returns, nodose, daps tions, other discovery and physical evidence, (2) Within 10 days of filing the notice of appal an appellant may direct the clerk to include exclude other documents or exhibits Bled in t lower tribunal. The directions shall be substs tiolly in the form prescribed by Rule 9.900(f). the clerk is directed to transmit leas than tJ entire record or less than the transcript of ) testimony in a proceeding, the appellant sly serve with such direction a statement of the js mal acts to be reviewed. Within 20 days of il'Ho the notice, an appellee may direct the clerk include additional documents and exhibits. (3) Stipulated Statement The parties m prepare a stipulated statement showing how t issues to be presented arose and were decided the lower tribunal, attaching a copy of the ord to be reviewed and as much of the ecot in t lower tribunal as is necessary to a determmati of the issues to be presented. The pasties sh advise the clerk of their intention to rely upon stipulated statement in lieu of the record as cal in advance of filing as possible. The stipulat statement shall be filed by the parties and trae mitted to the court by the clerk of the low tribunal within the time prescribed for owumitt of the record. (b) Transcript of Proceedings. (1) Within 10 days of filing the notice, the 9 pellant shall designate those portions of the trs RULES OF APPELLATE; PROCEDURF. script of proceedings not on file deemed neces- sary for inclusion to the record Within 20 days of filing the notice. an appellee may designate additional portions of the proceedings. Copies of designations &hall be served on the court reporter. Costs of the onginal and all copies of the tran- script of proceedings shall be borne initially by the designating pam-. subject to appropnate taxa- tion of costa as prescribed by Rule 9.400. (2) Within 30 days of service of a designation. the court reporter shall transcribe and deliver to the clerk of the lower tribunal the designated proceedings and shall furnish copies to the par- ues. The transcript of proceedings shall be se- curely bound in volumes not to exceed 200 pages each. Each volume shall be prefaced by an index contain- the names of the wit wasea, a fiat of all exhibits offered and introduced in evidence, and the pagan where each may be found. (3) If no report of the proceedings was made. or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceed- ings from the best available means, including his recollection. The statement shall be served on the appellee. who may serve objections or pro- posed amendments thereto within 10 days of ser- yice. Thereafter, the statement and any objec- eons or proposed amendment3 shall be submitted to the lower tribunal for settlement and approval. As settled and approved, the statement shall be included by the clerk of the lower tribunal in the record. i c) Cross Appeals. Within 20 days of filing the nonce. a cross appellant may direct that additional documents. exhibits, or portions of the transcript of proceedings be included in the record. If less than the entire record is designated, the cross appellant shall serve, with the directions, a statement of the judicial acts to be reviewed. The cross appellee shall have 10 days after such service to direct further additions. The time for prepamuon and tranarrutxal of the record shall be extended by 10 days. (d) Duties of Clerk,; Preparation and Transmit- tal of Record. (1) The clerk of the lower tribunal shall prepare the record as follows: (A) Upon receipt of the transcript of proceed- ings from the court reportens►, each page shall be consecutively numbered. The transcript of proceedings shall be securely bound in consecu- tively numbered volumes not to exceed 200 pages each. The clerk of the lower tribunal shall not be required to verify and shall not charge for the incorporation of the transcript of proceedings into the record. 519 Rule 9.200 (B) The remainder of the record. including all supplements. shall be prepared as designated. Each page shall be consecutively numbered. The record shall be securely bound in conseew Lively numbered volumes not to exceed 200 pages each. The cover sheet of each volume shall contain the name of the lower tribunal and the style and number of the case. 0 The clerk of the lower tribunal shall prepare a complete index to the record. 131 The clerk of the lower tribunal shall certify and transmit the record to the court as prescribed by these rules: provided that when the parties stipulate or the lower tribunal orders that the original record be retuned. the clerk shall prepam and transmit a certified copy. (e) Duty of Appellant or Petitioner. The bur- den to ensure that the record in prepared and trans- mitted in accordance with these rules shall be on the penuoner or appellant Any party may enforce the provisions of this rule by motion. (f7 Correcting and Supplementing Record. (1) If there is an error or onusaion in the record, the parties by stipulation, the lower tribu- nal before the record is transnutted, or the court may correct the record. (2) If the court finds the record is incomplete, it shall direct a party to supply the omitted parts of the record. No proceeding shall be determined because the record is incomplete until an opportu- nity to supplement the record has been given. (g) Return of Record. In civil cases the record shall be returned to the lower tribunal after final disposition by the court Amended July 3. 1980. effective Jan. 1. 1981 (387 So.2d 920): Nov. 26. 1980. effective Jan. 1, 1981 (391 So.2d 203). Committee Notes 1977 Revision- This rule replaces former Rule 3 6 and- represents a complete revision of the matters pertaining to the record for an appellate proceeding. References in this rule to "appel- lant" and "appellee" should be treated u equiva- lent to "petitioner" and "respondent", respective- ly. See Commentary. F1a.R.App.P. 9.020. This rule is based in part on Federal Rule of Appellate Procedure 10(b). Subsection (a1111 establishes the content of the record unless an appellant within 10 days of filing the notice directs the clerk to exclude portions of the record or to include additional portions. or the appellee within 20 days of the notice being filed directs inclusion of additional portions. In lieu of a record. the parties may prepare a stipulated statement, attaching a copy of the order which is sought to be reviewed and essenual portions of the record. When a stipulated statement is pre- pared, the parties must advise the clerk not to prepare the record. The stipulated statement is Rule 9.200 RULES OF APPELLATE PROCEDURE to be filed and transmitted wnhm the tune pre- Subsection (b)(3) provides the procedures to be scribed for traniquittid of the record. Where less followed where no asnacript is available. than a full retard a to be used, the initiating Section le► provides the peoeedares to be fol- party most serve a statement of the Judicial am lowed where there is a cross appeal or cuss to be reviewed so that the opposing party may petition. determine whether additional portions of the Section (d) sets forth the manner in which the record are reqSuch a statement is not clerk of the lower tribunal is to prepare the intended to be the equivalent of aaugnments of record. The anginal retard is to be tranamguad error under former Rule 3.& Any inadequacy in unless the parties stipulate or the lower eosin the statement may be eared by motion to supple- orders the anginal be retame 1. except that nsder mmt the regard under Section If) of this risk. Rule 9.140(d) (governing csimmal eases) the aeiR Senior (a) interacts with Section (b) so that as nal is to be retained unless the court aid=* soon as this notice a filed the clerk of the lower °the^ise• tribunal will prepare and transmit the complete Section lei places the burden of eafoecetnmt of record of the case as described by the rule. in this rule on the appellant or petitioner, but airy order to include in the record any of the items party may move for an order requiring adhersaes automataally omrtted. a party must designate the to the rule. items davit A transcript of the proceedings Swum If) replaces former Rae 8.6(1). The baton the bower tatbaunl will oat be prepared or new rule a intended to &same that appelaf t ansouned unless al early filed. or the parties proceedings will be deeded upon their merits ssid designate the pioeooas of the transcript desired to that no showing of good cause, negligence ar be transinmad. Subsection (b)(2) imposes an at- accident be required before the bower tribunal or firmative duty to prepare the transcript on the the court order the compketioo of the recall reporter of the proceedings as soon as designated. This rule is intended to assure that any portion of It a intended that to complete the preparation of the record before the lower tribunal which a all official papers to be filed with the court. the material to a deoatoo by the emu will be aysit` appellant need only file the notice, designaa omit. able to the court. It is specifically intended to ted portions of the mooed which are dwell and avoid those situations which have occurred in tie designate the desired portions of the transcript. past when an order has been affvmied beraaas it therefore will be unnecesaary to rile directions appellate counsel faded to bring up the portioee with the clerk of the lower tribunal in most eases. of the recoil necessary to determine whether or Subsection (bXI) replaces former Rue SAW), not there was an error. See Pan American (Lad and specifically requires service of the designs- Products Co. Y. Healy, 138 So.2d 96 (Fla. Sd DCA ion upon the court reporter. This u intended to 1962). The rule is not intended to care insdegtsis, avoid delays which sometimes occur when a party ilea in the record which result from the failure ad files his designation, but f" to noufy the court a party to properly make a record during the reporter that a transcript is needed. The rule proceedings in the lower tribunaL The purpose also establishes the responsibility of the designat- of the rule a to give the parties an opportunity to - ing party to mruLUy bear the cost of the tran- have the appellate proceedings dreaded on the srnpt record before the lower tribunal. This rule Subsection (bN21 replaces former Rik SAW. impose on the lower tribunal or the coat a . duty duty review on these own the of the This rule provides for the form of the transcript. r failuadeqre to preparation of the record. A failture to supple - and imposes on the reporter the affirmative duty ment the record after notice by the court may be of delivering copies of the asnscript to the order- heW against the party at fault. mg parties upon request. Such a request may be included in the designation. Under Seaton (e), motion (g) requires that the record in civil eases however, the responsibility for ensuing perform- be returned to the lower tribunal after final dirys sition b the court re of whether the y aim remL= with the parties. The requirement was a copy was used. The noeat original in copy that pages be consecutively numbered a new and is deemed necessary to assure continuity and ease or t rosy retain or return the record to nation of reference for the convenience of the court sexeoedmg W ro internal admmestratron pobeaa.. P This requirement applies even where two or more 19SO Amesdneeat (387 Sold fl0). Seetoas (bXI) and (2) were amended to specify that do parties designate portions of the proceedings for transcription. It a intended that the transcript Pay designating portions, of the traaaesipt hr portions transmitted to the court constitute a inclusion in the record on appeal shall pay for tie cost of transcription and shall pay for and furniabs single ewnsecutrnty numbered document in one or more volumes not exceeding 200 pages each. a copy of the portions designated for aU oppoaeg . Where there is more than one court reporter. the per• See Rule 9.420(b) and 1980 Auiendmd clerk will renumber the pages of the transcript thereto relating to limitations of number of clop , copies so that they are sequential. The require- ies. meat of a complete mdex at the beginning of each Rust' 9.210. Brief volume a new, and a ssry neceato standardize the format and for the guidance.of those prepar- cal Generally. In addition to briefs on ing transcripts. tion under Rule 9.120(d), the only briefs 520 ZCN= F.;C: Sri: LXAT:CN/ LMAL 2701 :ay Avenue Lot 1, Lcts 13 and 14 and the S 1/ 2 of L.ct 12 CCRSEIZ'y M. ZAY (3-16) ?•R.D.C. APPUCAYr/CWNTM Her-mri o A. Car::.11o 338 Mi nor= avenue Coral Gables, Florida RO 2.1/6 Residential-0=�,ae Appeal by an aggrieved party of the Planning Director's decision to allow the Class C Special Permit (C-88-848) for the proposed office building to be located at 2701 Day Avenue; zoned RO-2.1i 6 Residential -Office. IOM FLAtr MNG LUARI%. Wr 327L;L. Class 88-SQ Special Fruit Appiicat on f= a new office buildi.x �. Rfl- 2.1/6 - Residential -Office dist.:trt, at 2701 Day Avenue was approved based on the follow3.r)g fi.*;di.Zas : The Class 3-66-0060 ,:= valet park.,^g faci14ty for seventy three (73) offstreet ark3z g spaces was referred to the Planning Zegar--rent an 11/09/87, approved by the and ZarLirg Depar=ment cn 12/24/87, and appealed by an aggrieved party on 01/07/88. The Class C for the office building, as proposed. Ls 3ntim3ta:,v related to the Gass B. Plans for the office building were resub;nitted cn 03/28/68 refle---, g a reauirmT ent of a ten foot (iZ') -, Am' care buffer area -= the Depar-`-rent or Burl di..a and Zonu:g, per letter dated 03/24/ 88. nle anoLcant sent .- urtesv nct-, ces :n the adjacent p-r oer"ZY owners, per `^e rE'1L1eSt Of she Planni.na Cep3 t.-mmt . The am"ca nt ;yet with the neic hors; sane conce=:zed reic bcrs revised the Plans. 'fiere was an issue raised cf a possible closure of Day avenue at Center Street. Clark Turner, `ranseortation Planner, resmcncied negatively on the issue by memorancum dated 02 / 11 / 88 . 'Me Planning Cepartment will not 148 -667 subpart, any soluti= invtoly= the r=j=pA c.icsure of the street. was arather :slue raised about thJ3 xssi:LUt—f cf kaecirg cn the subjecr site tl= e=stzr= save=( foot (70 -) high live oak t-ee number !a. The Planning Decat=em staff remctnedad agar r= it, due = the grcM-1=tY of -hs ==Osed b ii.ldi rq, which would :new a tr*::=Lrg and damacsrg of the tree. An Z=wzied Doc, I = was rendered cn 04/ 11/88 subject to the audit :ems . The applicant i s u - tT4'i'i�� -the r�.�e....r � ....i..'S was sas��issu�e��r�aiss�ed xboyu��ty��thhye� ,rml=a{t,= off the � trash ncicau e W be grated wit-S he other sarvi=s !=irq Cay evens- The applicm= suiiaitted the . letter dated 04/11/68 whereby the Sol Waste DqM 6 =M12 reached the conciusica that the area should remi n as is because the refuse trucks rived a straight rr1 c=.di`.. =, and the eus=-)g placement is the best for trash removal. DA1� CCG'KPY MIAFF'IC e T.*xSPC)R=CN No cccz=r-. ZONING BOARD At its meeting of June 6, 1988, the Zoning Board adopted Res. ZB 77-88, by a 9 to 0 vote, denying the appeal and upholding the decision of the Planning Director. Eighteen proponents and one opponent present at weeting. APPEAL Letter from Lucia Anton, Don Gruber, Brooks Brierley, Ralph Rubin, and Estelle Roth dated June 17, 1988. Rf'3~6fi Z .so 11eo Z2 Zi 20 �2 o 3 " 9 i2 2" `' 2.3 Za �p I 4 2 I ZI l 3 uj g � le 19 2 ,7Is i w 13 13 3ON AVM. I z� Z ,. eQ 12 ,,,o ., W uMiTI ii 22 15 3 9 r , S .s 6 is 19 Z< 9 a so goo Iso 11so S Rp T GEMIN� SHIPPING AVE. 1� ; e 27 ►,�� S .� -0 s� e �G 2 9 'q 6 22 I 21 N. 7 01 23 I 20 ISO ° r _ 1 24 7 a 4 2S 1 g � 26 t i S 4C 2 - i5 :4:i*o f'•'::: TRACT' 2 so'1so OA ... AY mommon ._.. �..._.. 29 so I. so ! 1 i I i i ,• l z S 47 PT24 .o I g I 4 ( a ? 12 �\ `\ Z, i • ` �� * za ► O cr. �d 1 � . 4, tib d 2 2 ROVE'NTA'iN 6 O RA GT ,u �3 2/2'L!88 AS 45, 46 AP K-25, w N _.- AVE DAY In '-IIn•« Wit;:?•> '+ •�,::. �, « .. -�"" ....�-•� �.°. �. _- ;y Ul ` j � �.s �•w � � is .. ,• `r' '•� 'i'r t ' 7 r . VII NV 2701 Day Avenue RN-66i HFPIA 141 110. B41% 141Ni A LAW (WFICES MICHAEL J. FREEMAN. P. A. 15:3 St:cn.l.a .cent F' CORAL G MLE.S. F1,01111) % :3:31:3.1 (3051) 142-1567 June 7, 1988 Ms. Gloria Fox Chief -Hearing Board Division City of Miami 275 N.W. 2nd Street Miami, Florida 33128 Re: Michael J. Freeman, Trustee My File No. 2482 Dear Ms. Fox: Telex: 542T 141Freeman t (jItI.) Yelerupler 1•1051 44'2.12.2, As trustee for the owner of the property located at 3227 Mary Street, Coconut Grove, Florida. I hereby appeal the June 6th decision by the Zoning Board of Items 2 and Item 4 relating to the Class B and C Permits for construction at 2701 Day Avenue. Enclosed is my trust check for $800.00 for the required filing fee for this appeal. Thank you for your courtesies. Very truly yours, MICHAEL J. FREEMAN MJF/mg encl. 2482 cc: Client q8`sFj`i' 1 V5� C4i#U of �+Rtttmi EDITH M. FUENTES Director CERTIFIED MAIL �tr of fV lx�7 F ji O gOEco F�oa% . Mrs. Lucia Anton, Vice Pres. Centerview Townhouse Assoc. 3165 Center Street, #3 Miami, Florida 33133 Dear Mrs. Anton: CESAR H. ODIO City Manager June 29, 1988 Re: Appeals of Zoning Board's Decision Regarding the Class C Special Permit - 2701 Day On Thursday, July 14, .1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. Sincerely, oria Fox GDF:nl 441 BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.BOx 330708/Miami, FL 33233-0708/(305) 350-7957 `% (4i#�r of {niaxni EDITH M. FUENTES Director CERTIFIED MAIL Mr. Hernando A. Carillo 338 Minorca Avenue Coral Gables, Florida Dear Mr. Carillo: CESAR H. ODIO Citv Manager June 29, 1988 Re: Appeals of Zoning Board's Decision Regarding the Class C Special Permit - 2701 Day On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Cl ass C Spec al Permi t, Fil e No. C=88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. GDF:nl . 1.cv1.L/Q-- oria Fox 9N-66 i BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Boz 330708/Miami, FL 33233-070a/(305) 350-7957 /� C�tt� of c�Tt�xitt EDITH M. FUENTES Y Or Director • iW �'► .� �_, '•q�f CO FL�.H ti June 29, 1988 CERTIFIED MAIL CESAR H. ODIO City Manager Re: Appeals of Zoning Board's Ms. Jane McGeary Decision Regarding the 3165 Center Street, #3 Class C Special Permit - Miami, Florida 33133 2701 Day Dear Ms. McGeary: On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. GDF : nl y0nn a Fox qR-660 BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P,O.Box 330708/Miami, FL 33233.0708/(3051 350-7957 �tf�? tTf �'�Eltc'i22Tt EDITH M. FUENTES Director CERTIFIED MAIL G�SY OF �. C4OfCJ FIOQ��. June 29, 1988 CESAR H. 001O City Manager Alberto R. Cardenas, Esq. Re: Appeals of Zoning Board's Greenberg, Traurig, et. al. Decision Regarding the 1221 Brickell Avenue Class C Special Permit - Miami, Florida 2701 Day Dear Mr. Cardenas: On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. GDF:nl Sincerely, oria Fox 99-667' BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Box 330708/Miami. FL 33233-0708/13051 350-7957 C4t#U Vrf c�ianti EDITH M. FUENTES Director CERTIFIED MAIL Mr. Richard J. Heisenbottle 2778 Day Avenue Miami, Florida 33133 Dear Mr. Heisenbottle: CESAR H. ODIO City Manager June 29, 1988 Re: Appeals of Zoning Board's Decision Regarding the Class C Special Permit - 2701 Day On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and pe0tioner, if different, be present at the. meeting. Sin erely, G oria Fox GDF:nl 9S-667' BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Box 330708/Miami, FL 33233-0708/1305) 350.7957 C►,�i#� of �!�Ti�zmi EDITH M. FUENTES I op� Director �''Vcc ��` •*��s, June 29, 1988 CERTIFIED MAIL CESAR H. ODIC) City Manager Re: Appeals of Zoning Board's Mr. Lewis Jamieson Decision Regarding the 3165 Center Street, #2 Class C Special Permit - Miami, Florida 33133 2701 D,ay Dear Mr. Jamieson: On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. GOF:nl Jo cerely, 1�4 aria Fox BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Box 330708/Miami, FL 33233-0708/1305) 350-7957 ( jfLT of 4a * a t' EDITH M. FUENTES I OP Director 4" moll, �` , Cc FL��O June 29, 1988 CERTIFIED MAIL CESAR H. ODIO City Manager Re: Appeals of Zoning Board's Mr. Tim Kelsey Decision Regarding the 3165 Center Street, #2 Class C Special Permit - Miami, Florida 33133 2701 Day Dear Mr. Kelsey: On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C=88-,848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City.Commission required that both the appellant and petitioner, if different, be present at the meeting. Sin erely, Q� oria Fox GOF:nl RS--667 BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Box 330708/Miami, FL 33233-0708/(305) 350-7957 (4it:U of 4Riami EDITH M. FUENTES Director CERTIFIED MAIL Mr. Michael J. Freeman 153 Sevilla Avenue Coral Gables, Florida 33134 Dear Mr. Freeman: CESAR H. ODIO City Manager June 29, 1988 Re: Appeals of Zoning Board's Decision Regarding the Class C Special Permit - 2701 Day On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. GDF:nl (Xill Fox RS-66'7 BUILDING AND ZONING DEPARTMENT 275 N.W. Ind Street/P.O.Box 330708/Miami, FL 33233-0708/(305) 350-7957 �— C4i#Lt of ��Iiami EDITH M. FUENTES Director CERTIFIED MAIL L�tY OPT, e C O 9�ECC F�Qp\ June 29, 1988 CESAR H. ODIO Citv Manager Mrs. Estelle Roth Re: Appeals of Zoning Board's Townscape Homeowners Assoc. Decision Regarding the 2778 Day Avenue, #2 Class C Special Permit - Miami, Florida 33133 2701 Day Dear Mrs. Roth: On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that .both the appellant and petitioner, if different, be present at the meeting. Sincerely, 1 on a Fox GDF:nl R&-66'7 BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Boz 330708/Miami. FL 33233-0708/(305) 350-7957 /,' EDITH M. FUENTES Director June 29, 1988 CERTIFIED MAIL CESAR H. ODIO City Manager Mr. Ralph Rubin, President Re: Appeals of Zoning Board's Apogee II Condominium Assoc. Decision Regarding the 3166 Center Street Class C Special Permit - Miami, Florida 33133 2701 Day Dear Mr. Rubin: On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Cl ass C Speci al Permi t, F it e No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. Sincerely, oria Fox GDF:nl qS-ss7 C4i#�r of 4Rt*an-(t* EDITH M. FUENTES Director CERTIFIED MAIL Mr. Brooks Brierley Apogee Condominium Assoc. 3126 Center Street Miami, Florida 33133 Dear Mr. Brierley: CESAR H. ODIO City Manager June 29, 1988 Re: Appeals of Zoning Board's Decision Regarding the Class C Special Permit - 2701 Day On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present of the meeting. GDF:nl Sin llerely, oria Fox RS-'66 7 BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Box 330708/Miami, FL 33233.0708/1305) 350-7957 �''%J (► t#LT of 'faiami EDITH M. FUENTES Director CERTIFIED MAIL Mr. Don Gruber, President Tiger Bay Condominium Assoc. 2715 Tigertail Avenue Miami, Florida 33133 Dear Mr. Gruber: CESAR H. ODIO City Manager June 29, 1988 Re: Appeals of Zoning Board's Decision Regarding the Class C Special Permit - 2701 Day On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. GDF:nl Si cerely, . loria Fox qs -66 a BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Box 330708/Miami, FL 33233-0708/1305) 350.7957 (4i#u of ffianTi EDITH M. FUENTES Director CERTIFIED MAIL Mrs. Marien Spinrad Apogee Condominium assoc. 3138 Center Street Miami, Florida 33133 Dear Mrs. Spinrad: UtY 0- C, CESAR H, ODIO City Manager June 29, 1988 Re: Appeals of Zoning Board's Decision Regarding the Class C Special Permit - 2701 Day On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that both the appellant and petitioner, if different, be present at the meeting. GDF:ni Si cerely, oria Fox q8-66 7 BUILDING AND ZONING DEPARTMENT .-M 275 N.W. 2nd Street/P.O.Box 330708/Miams, FL 33233-0708/(3051350-7957 (4itv . f 'iffiami EDITH M. FUENTES Director CERTIFIED MAIL op Oq�FCJ f l�Q\OR,• June 29, 1988 CESAR H. ODIO City Manager Re: Appeals of Zoning Board's Mr. Jim McMaster Decision Regarding the 2940 S.W. 30 Court Class C Special Permit - Miami, Florida 33133 2701 Day Dear Mr. McMaster: On Thursday, July 14, 1988, the City Commission Hearing after 5:00 PM in City Hall, 3500 Pan American Drive, Dinner Key, Miami; Florida, will consider the following: Review of the Zoning Board's decision of June 6, 1988, to deny the appeal of the Class C Special Permit, File No. C-88-848 and uphold the decision of the Planning Director approving the Class C Special Permit for the proposed office building to be located at 2701 Day Avenue. Please be advised that the City Commission required that -both the aFpellant and petitioner, if different, be present at the meeting. GDF:nl- <Sin,erely, oria Fox 148-66 BUILDING AND ZONING DEPARTMENT 275 N.W. 2nd Street/P.O.Box 330706/Miami. FL 33233-0706/1305? 350-7957 /AIJ, CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANOUM Sercio Rodriguez. Director :Say 11. 1988 �. Planning De�cart=ent awn: - �Lc� A;*eal of a Class C Special n e6u:SUEJECT. S�Llal Per=L (C00' 8�1B) �Llc>�_;e u Fox. Division Chief Ie ROM. ar=-q &mrdS Division REFERENCES: Letter dated Aor�l 29 1988 Buildl = and Zcning Dwa.-t=2t1L ENCLOSURES: Attached is a cvgy of the appe Ll received of the above mentioned Class C Special Permit. Please suhnit all materials winch constitute tale record upon which the, decision was taken, and ir=Luda the names and mailing addresses of all parties who have expressed interest or opposition in this matter. s We will also reed a copy of the Affidavit and Disclosure of Ownership foss completed by the applicant. 14S-'66 Apri: 29, .988 CITY OF MIAMI Hearing Boards Division Building & Zoning Department 275 N.W. Znd Street, Room 230 Miami, Florida 33128 "HAND DELIVERED" Attn: Ms. Gloria Fox Hearing Board Div. Chief Re: Appeal of Class C Permits CSS-847 & C88-648 for Z701 Day, Miami, Florida ----------------------------------- Dear Ms. Fox: Please be advised that the undersigned condominium associations listed below and their respective members hereby file an appeal of the Class C Permit of the above reference along with our payment of filing fee of S400 in cash as required. Copies of permits attached.) As you know, we are in the midst of our appeal on the Class B Special Permit for the same property; and, therefore, have not had sufficient time to review the lastest set of drawings submitted by the Developer. However, there are several items that would have quite an adverse impact on our neighbor::ood. Sincere: , Mr..O,I Gruber, President TIGuR ?AY CONDCMINIUM ASSO. 2715 :igertail ,venue Miami, Florida 23133 .:ors. Marian Soir.rad APOGEF. CONDOMINIUM r=.SSO. 1.138 Center Street Miami , F lorida . : 312 3 r Mrs. -.:c,a Anton , . ice p ras . ENT_-'IIETd TCWNHCUS17 Mr. R& ph Rubin, President APOGEE '_I CONDOMINIUM =.SSC. 3166 Center street Miami, Florida 33133 Mrs. Z'steile Rot:: '7778 Cav =.venue =2 Miami, Florida 33133 Iq N-66 7 r L7... 'ter>�.�, ',.r. I "rz� (�' � � -•� r _�- �. IL �_� � :fir•"'�' fi . � 1 _ -- a Q TO FROM C_ 9'7-948," Please note and see me Please give me your comments :2Please note and return to me For your information For your review and approval Immediate action desired Please prepare reply for my Please answer. with copy signature to me _ Please follow through For your signature Remarks: 11 � -V M�V. Y_J'!I `o i �\' � �`• � �' +.l,l� 1 11 /' tl �' I11� 111 1 , t l I t l�l • r � - I II I+I'I I, I.1� � I �� 1,; t 1+1' I i . • .• t l Y ►, I{1 tl ��lj�.11�lil It -II I/��t�,�ll_,_-lrl.�-` I( , II , I I I ,I I • - 'fiu�oJs fKtJS_ ` 11-1L� colic 5 u�FFL oak? �IVA` HT oo — � �� cJKb ,- �T06, rIG4T vF ww� Kl� T - �y�51la6_ �- : �x''1jj5��T►� Go�G��-� �i.}-(j�cy�G� - �VAI.L/�E�1G� K��'bLP_'o LOCATION 'SKETCH , N� I �_� �� —=•-- al L In R _ _ n S. W. sAve. a count WAY ry a � •iT 4 s.4 17.5 n5 v +b y;w O tq 1 t ? 4 •�O 4 __-___Its IA il'� u N V 0 4aoZ.r cC:T1T. hlSrpTCTl OTt L t A,`, 1•'," t 1'., "IP'T nt71)Sg Ir1N If, PRICRPLI t:AHY1(•Y. - 'Rlit Nn. 1 ..••. to I i„• 1'Int t'. r,• „ nti TeCr 1pd in Plot POf•k ° at POgr 1v1 t.f 1. hr• i'uLl i, 1 "It 1-.11r r,-ml•a11'. 7n.'• LUNINI%7WIFDSIHILTLINLS,SEI- BAl:ic ,! rn R1aIIn.NDE MAF.NFS AND LI "1 111 t , EIC. FROM �..ia,I:II Ai.D/OR Oi.+1,.1."U uY OWNER, A1I 111FECT OR D..ILDER BEFORE DESIGN OR CONSTRUCTION. I II BPg1cN1.1.1.8 Atitilx' INC Plume hlf 3511 1152 Cnra1 11'av rr.l I rmt n•1 : '7. 1 9t+; 1limill 1 lur 0.1 . .h .:., Stu n+n IHIS IS IU l I'll I I1 [ o, 1h1 :deice n:Mn.d Ilan aud.ln 1w %Aln� that [hc'SRCIGII ZI Sllfit'I:Y HI 1hr her -lit &e rll•rd jwg,etic 1. Itur . 111 collect to the 1—t M( nor Lnov it•dge and Ix'llt'T ds recrridl clll%Tl Jartp'tve Miller r,ur dull [lot) .11 .0 Ul.0 three at( Mo rlcihlr cnuo.lchlnrnt< other (hill rho•1c shown- m minlmnm •e�hulc.il •:1❑„L�tdc vet by the I"PIS• F..11 RR0R94i:LI.&A%',0t-.INC Sketch No. 77n•,: - - Re "tldn.f6 Tr1[�'1,.•11 ^9111 Day/Center Corporation IfA 300 Aragon Avenue, Suite 200 Coral GableS, F1. 33134 1` C� Mrs. 'reresiLa Fernandez City of Miami Planning Q • 275 N.W. 2nd Street Miami, F1. 33130 1' t, e Mttois 1I6i Center SC. 11I ItIninI, rI. 13111 T1IrIt v Mr . Gil i I Iot.11m ( 111if- ! 11c) Chief, 1"ind t�• Ir,I��n��nl I)ivi i CITY OF I-11AMI P.U. PDX 3307t1(1 Mi'1mi , F I►►I i f1:► 1 1711— MR jkljy11 �I �111 1� s3�3`l 1 (1 Returned For Better Address M.• cr ....,r.,. items 9 •SENDERt Complete horns and 9 when additional aervlcea are a..rr...• -• - -- esent this Fett'rre to do thl� will prIWLRILIUA and 4. L put nd 4 address In the -RETURN TO" 6PeCe onfa1a reverse silo to Ya+• 1121 eervlces rq eib a Consult card from t»Inp returned ow np or add t ones irll of Qlllf Brad m and-Ml� t. ted poetmeeter for fees and check bo■ a for additional aervlcels) fey ' d,t*end addreeeeis addre►e 1. (] fiestrlcted Delivery uharlel t t. p Show to whum delivered.ttE (6srrd 4. Article Number - 3 Article Ad1dretted to: � � r, n � �i0 '��(l � � JII )1)� TY�Pe►of Services �� drJf�(x} n Re9l❑Insured IUi1[tGlo)J� - G rtllletilled f ❑COD R x Ilia n �J Express Mall of eddreseee , Always obtain slWMturs or went end L�9I€P�1.lY€fl€� eu Addree 6. Addressee's Address ((ONL Y If and jet Pufd) 6. Signature - requested X J"Ign.tul- - Agent x 17. Date of DellverY e uf1.f1R0. 1Nl-tie 76e DOMESTIC RETURN RECEIPT �� YS Furm 3811. Mar. 1987 -- 1 l 3126 Center Street Coconut Grove, Florida April 16, 1988, Sergio Rodriquez, Director Planning Department City Of : iiami Dear fir. Rodriquez: 33123 I - and others at the apogee condominium - have reviewed the March 28 revision of the architect's site plan and renderings for the office building proposed for 2701.0av Avenue.. They continue to contain serious deficiencies in details and landscaping which we recommend you change before approval of the Class C permit is issued: 1. The project has been "sold" as being at the corner of 27th Ave./ Jay/Tigertail, yet it is setback 77' from 27th ;venue with all traffic on a residential street, Dav avenue. '"his revision also reduces setbacks on Center Street and the northeast side of -he rocerty, ie in t!ie residential area. -he juilaing shoull' '•e novel 7iore to 27th Avenu_-, •1t ; less ;Ull.ila on .enter Str`er. would again cuestlon he 11 setbac!c on enter Stree-. _ t is „v understanding that the settac.c 'vas to to 57 and landscaped. Sirllarly, if the '_,uildin; ::as a Dav Avenue a.Idress , the set -ac:c on 3av appears to need to '-e increased. gut if the 27th Ave side of t::e rorDerty. is frontage, doesn't t':e entrance to the building need to '�e'on 27th? 3. T%e landscape -Ian continues to remove all large trees from the ^ropert•: , including a canopy of live oaks on Canter Street ."his will substantially reduce the ialue of the surrounding residential pror_,erties. --he '-)uilding can be moved to minimize this tree loss. d. All ark:.ng in the building should be enclosed to preclude t`Ze in- trusion of noise, light and fumes into the residential -rea. The Fra- ternal twin of this building, now built at 3ird and aviation, shows how poorly parking extending tevond the-uil.ling edge "Fakes the adjacent residential area (photo attached). This needs to be corrected. 5. '`.is '-uildin,- has the potential to a:id to the neighborhood. '"he de- veloper and the neighbors have met but, to date, %,iithout success. I •Mould urge ,,ou to bring the parties together to reach an - ^reenent so `hat __ can oe an example of -chat should be ^ui'_t in t".e 'rcvP, both eccno-ic : or the tevelooer and a gooci neighbor `.J the rnsi :entisl area. 'Jery truly sours, 3rooks 7. 3rierlev HRRNAND0 A. CARRILLO AQCHi1'EC'C do l�it�ANtS? 00000«,<<&KMo: GSir r tot D G �L�Iss ?00 qs--6s'; 0 Day/Center Corporation 300 Aragon Avenue, Suite 200 Coral Gables, F1. 33134,'; Marc:i I' , 9 8 8 Mrs. Teresita Fernandez City of Miami 21arning 275 N.W. 1-nd Street Miami, .1. 33130 Dear Mrs. Fernandez: By way of this letter, I am requesting an extension on the Class "C" permit at Day and Center. We are still meeting with the neighborhood, and I understand that the City of Miami Lecal Department will be forthcoming with a letter of clarification on certain issues i:apactinc on the project. Thank you for your attention to this matter. -rillo President, Dav/Center Corp. 98-6F i February 24, 1988 Mr. Sergio Rodriquez Assistant City Manager CITY OF MIAMI 3500 Pan American Drive Miami, Florida 23133 "HAND DELIVERED Re: Investigation of Special Class B Permit #86-0060 for valet parking at 2701 pay AVPr?JA _ ----------------------------------- Dear Mr. Rodriguez: As one of the appellants in the appeal of the above refer- enced permit, in accordance with my request for an investi- gation to the Zoning Board at the hearing on February 22nd, and pursuant to our telephone conversation yesterday, I will herein attempt to make a list of the disputed items to be re- viewed by you and your staff regarding this investigation. Please bear in mind that I am basing this letter on the in- formation derived from the file held by Gloria Fox. It is my understanding that this file contains all the material, in- cluding but notlimited to, all correspondence, internal and external regarding the application of this permit. If my as- sumption is incorrect, and there are other ;materials regard- ing this operation, I would appreciate you forwarding them to me. Further, my references will all be to the Zoning Ordi- nance as enacted and ordained by the City Commission of the City of Miami, Florida. 1. " Section 2304.1 clearly requires in the second paragraph that: "For special permits affecting a property, applications may be filed only by the property owner, his formally desig- nated agent,...". The owner of the subject property, according to Declaration of Restrictions recorded February 13, 1987 in Official Re- cords Book 13181 Paaes 376 to 378, is DAY CENTER CORPORATION; however, the application for this permit, dated November 24, 1986, is signed and notarized HERNANDO A. CARRILLO as owner. There is no documentation in the file formally designating him as agent, as required by this section. 2. Section 2401.2 states: "Within five (5) working days of receipt of applications for Class B special permits in the office, the zoning administrator shall make the referrals to 0�I Sergio Rodrigu February 24, 1988 Page Two other officers, agencies, or departments required by this zoning ordinance...". The application presented by Mr. Carrillo, #86-0060, was filed as per date on the City receipt for the $80 fee re- quired, on November 24, 1986. However-, the first referral requested by Mr. Joseph A. Genuardi to Guillermo Olmedillo is dated November 9, 1987 -- practically one year later. If the application received by Mr. Genuardi on November 24, 1986 was timely and complete, Mr. Genuardi violated this sec- tion by not requesting the referrals within the five working days required in, thi.. cccticn. Therefore, the granting of the special permit is invalid. If the application was incomplete, which would explain Mr. Genuardi's delay in requesting the referrals, then the application would be void when the ordinance was amended as per section 2017.1.2 of Zoning Ordinance #10193 signed on December 11, 1986. 3. Ordinance #10313, signed July 23, 1987 and effective Janaury 1, 1987, provides in section 3405.3 (first paragraph) "has properly filed a complete application for a development permit(s) with the appropriate city department...". Further along it defines COMPLETi APPLICATION as: "Application, Com- plete. An application for approval sought pursuant to the Zoning Ordinance of the City of Miami, as amended, shall be deemed complete if it is on a form approved by the City, and all applicable information requested on said form is provided by the applicant on the form, or attachment(s), as necessary, at the time of its filing and it has been reviewed and signed by the Zoning Administrator." Mr. Genuardi states in his memo of December 29, 1987 that this Ordinance #10313 allowed him to process the complete ap- plication. However, the appplication was not "reviewed and signed by the Zoning Administrator" until 11/5/87 in direct violation of the definition for a "complete application". Therefore, Mr. Genuardi should not have utilized this ordin- ance to approve this Class B special permit since, by its definition, the application was not complete. 4. I would state for the record that all referrals alluded to in this letter are mandatory as per section 2402.1. Section 2402.2 states " Where a report based on required review, analysis, and/or technical determination indicates that granting the special permit in accord with the applica- tion, with or without conditions and safeguards, would be contrary to the terms, requirements, or purposes of this or- Sergio Rodrigue- February 24, 1988 Page Three dinance, the zoning administrator shall deny the applica- tion." As per memo dated December 9, 1987 from Guillermo E. 01medillo and memo dated December 15, 1987 from George V. Campbell, Jr. both the Joseph A. Genuardi, the special permit would be contrary to the terms, requirements, or purposes'df this ordinance; therefore, the zonina administrator should have denied the application. It is Further stated in section 2303 (last paragraph): "Where applications for special permits indicate that actions pro- posed therein, or the manner in which they are proposed to be conducted, do not meet the standards and requirements of this ordinance, and could not practically and reasonably be made to do so by attachment of conditions and safeguards so auth- orized and limited, such applications and permits shall be denied." 5. As part of Mr. Genuardi's memo dated December 29, 1987 to the File and as justification of his approval of the Class B special permit, Mr. Genuardi states that "the County has indicated that Day Avenue will be made a two way street from Center Street to S.W. 27 Avenue". I find this to be without merit, in as much as nowhere in the file is this substantia- ted. I would venture to say that no one from either the City of the County, familiar with this intersection, would ever approve cars exiting onto 27 Avenue from Day Avenue, particu- larly with the proximity of Tigertail Avenue. This would be both hazardous and complicated because it is a main intersec- tion where three streets converge of which two are major ar- teries for the Grove. As further justificatior of his approval of this permit, Mr. Genuardi explains in this same memo that "valet will coordi- nate parking cars so that spaces 61 and 73 will be utilized during slow periods and therefor can turn cars around inter- nally without driving around adjacent residential neighbor- hood". However, he does not explain how the valet will deal with this problem during rush hour periods when turning of cars will not be feasible within the parking area. As indi- cated by Mr. Campbell in his December 15, 1987 memo opposing this permit, the parking attendant will be obliged to drive West on Day Avenue to Mary Street and then loop around cn surrounding streets back to the parking lot entrance for a distance of approximately .40 miles. This with all the other tenants waiting for their cars; as in most office buildings, everyone leaves for home at about the same time. I would like to point out that neighbors within 375' of the subject property were advised of the Class C permit, but not Sergio Rodrigue, February 24, 1988 Page Pour of the Class B special permit. I feel this was in direct violation of the customary procedures of the City of Miami, particularly with a property long involved in controversy with the neighborhood. Lastly, I must point out that yr. Genuardi's department apparently does not have much regard for the City's custom of clock -stamping and dating all documents and letters received. I believe this causes much confusion and leaves open the possibility of controversy and doubt. I hope my letter will assist in this investigation and I am at your disposition for any questions or meetings with your staff. I take this opportunity of thanking you for your cooperation and attention and most particularly my thanks go the members of the Zoning Board who supported me in my request. Sincerely, i LUCIA ANTON 3165 Center Street 41 Miami, Florida 33133 cc Gloria Fox Edith Fuentes George V. Campbell Zoning Board Members: Reynaldo Mayor George Barket Osvaldo Moran-Ribeaux George Sands Patricia Skubish Lucia Dougherty Guillermo Olmedillo Joseph A. Genuardi Lorenzo Luaces Gloria Basila Elba Morales Richard Dunn Manuel Alonso-Poch 9;8--667 February 23, 1988 Mr. Cesar Odio, City Manager CITY OF MIAMI 3500 Pan American Drive Miami, Florida 33133 "HAND DELIVERED" Re: Appeal of Special Class B Permit 486-0060 for Valet Parking at 2701 Day Avenue ------------------------------- near Mr. Odio: At last night's Zoning Board Hearing, I addressed the board and requested that an investigation be conducted as to the validity of the Special Class B Permit of the above reference (my letter presented to the Board as part of the record is attached) Since the Board acceeded to my request and stated that "Staff" should ronducr the investigation. am addressing myself to you so that you may indicate to r,+e who you will designate to conduct this investigation so that 1 can get in contact with them to explain my questions in this regard. I would also li;:e to request t :at the "ccmmpla;.e file" , which was at the Hearing last night and is still, presumably, in the hands of the Hearing Board Division, be hald by the person you designate for this investigation and that the items presently in the file be tagged and 4 4entified to in- sure that nothing will be either added or removed from this file. My home phone number is 448-4720 and my offie number is 443- 3463 (from 10 a.m. till 2 p.m.). Thank you f,)r your cnopPration. Sincerely, i LUCIA ANTON 3165 Center Str-et =1 Miami, Florida :3133 cc Sergio Rodriguez Edith Fuentes Gloria Fox Guillermo Olmedil lowo-10, RS -G67- Miriam Maer George Campbell February 22, 1988 Zoning Board CITY OF MIAMI Miami, Florida MEMBERS OF THE BOARD: In reviewing the various pertinent City files, we have found several discrepancies which lead us to believe that the Application for Special Class B Permit was incomplete when submitted. Furthermore, a whole year elapsed before the application was even approved for process and referrals were requested from Planning and Public Works. Also, the Liles are incomplete with plans and correspondence missing. Therefore, we respectfully request that full advantage be taken of this postponement on the nearing of our appeal, and that a full investigation be conducted into determining the validity of the application for this special class B permit. Thank vou. CENTERVIEW TOWNHOUSE iSSO. 3165 Center Street Miami, Florida 33133 APOGEE CONDOMINIUM ASSO. 3138 Cen:er Street Miami, Florida 33133 R8-66i ` febt + 1s , 1988 Ms. Gloria Fmc :its of Miami Building and Z==c Dew. 275 N.W. 2rd Street Miamt, Fl. 33128 Dear Ms. Fax: I have in hand a copy of the letter that Mr. Richard N.eisenbcttr:e wrote you requesting a continuance of Class "9" Special Pest 86.0060. Please be aware that I ccnc.:r Ath Mr. Heise bottle Is request for pos=cnemmt. Canseq%=tly, I will not be at the Zoning Board hearing, and trust that it will be reschg%rbiled for Marc:: 2;, 1988, as Mr. H isezibomtle requested. 2mnk you for your attention to this matter. czillo Presi dmt, Dayxanter Corp . R$-66 i R.1". Heisenbottle 27~8 Day Avenue Miami, Florida 33132 February 15 , l 088 Ms. Gloria Fox CITY OF MIAMI Building.aftd Zoning Department 275 Y.W. Znd Street Miami, Florida 33128 Re: Appeal -Class B Special Permit 86-0060 Dear Gloria, To confirm our verbal discussion of Friday, February 12, 1988, I am hereby requesting a continuance of the Zoning Board Hearing relative to the above mentioned special permit application until March 21, 1988. This continuance is being requested in an attempt to provide myself, and the other surrounding property owners, with the adequate time to pursue negotiations with the developer. This request shall not be considered as waiver of our rights to appeal the Class 3 permit and is being made with the full concurrence of the developer. Please advise me i! there are any problems, or additional information, that you may require in order to properly continue this matter. Yours truly, Richard /eisenbottle RJH/ad cc: Hernando Carrillo SS--667 [ J i 0 February 13, !388 6 CITY OF MIAMI Hearing Boards :ivision Building & Zoninq Department 275 N.W. Znd Street, Room Za0 Miami, Florida 21128 Attn : Ms. Gloria Fox Hearing Board Div. Chief "#AND DE:.: yItED" Re: Appeal of Class B Special Permit 086-0060 for valet parking at 2701 Day, Miami, Florida ---------------------------------------------------- Dear Ms. Fox: Please be advised that the condominium associations listed below were all contributors to the above referenced appeal for Class B Special Permit. This appeal was entered in my name as I offered myself as emissary for the group. Therefore, I kindly request be advised of all hearings, regarding this appeal. Mr. Don Gruber, President TIGER BAY CONDOMINIUM ASSO. 2715 Tigprtail Avenue Miami, Florida 33133 Mrs. Marien Spinrad APOGEE CONDOMINIUM ASSO. 3138 Center Street Miami, Florida 33133 Mr. Lewis Jamieson CENTERVIEW TOWNHOUSE ASSO. 3165 Center St. #3 Miami, Florida 33133 that all the associations listed postponements, decisions, etc. Mr. Ralph Rubin, President APOGEE 11 CONDOMINIUM ASSC. 3166 Center Street Miami, Fl�riaa 33133 Mr. Richard Heisenbottle TOWNSCAPE HOMEOWNERS ASSO. 2778 Day Avenue Miami, Florida 33133 Thank you for your continued cooperation. Sincerely, RICHA /.HZISENBOTTLE q8-66 Lr.l Center C.orporatlon 300 Aragon avenue, Suite 200 Coral Gables, F1. 33134 ..IAA r •yam Febr.3axy 15r 1988 Mr. Gyi.11ex= 01medillo City of Miami Planning 275 N.W. Znd Street �Sianu, F I. 33128 Dear Mr. Olmedi llo: As you are aware, Day Center Corporation has been ree-=ncr-with groups from the reighbcr: ood -relative to our submission for a class "C" per.ni.t on the office building at Day and Center streets. In the course of these meet .as, mr. Richard Hei.senbott:e, as representative for these _r—. s, -as recuested that we hake ce_"tain chances to the building to sati.sfy the various neighborhood desires. The proposed modifications to the far•ade and various changes to the iardscape plan will :e firaiized wz.t .Ln the rest week or Sao :n meet-i ngs which we are !"avinq with the neighborhood. I would appreciate its your office would bear with us on the final review of this ;ratter since we are world: g d.iligent'_y with the neighborhood to acc=modate their wives. =hanis .you -for your attention to this matter. President, Zav Center Corp. .r.J a�Ji'Ti"Y Cr Dr1I.G • Before me. th=. e orders ed aLt.^cr^+� t:�.is ay eer ily appeared 2 b� �G = U �� e r ; e= w:» bei:.g r Te ::.: ; sf'�orr.. upon oath. deposes ana sass: �. t ;:e is tt:e --weer, cr tt:e legal. rerresentati"m c` the owner, zub=L,,.....g the arc :^.a*r^.-:5 atpii:aticn f cr a .,blic hear-=4 as required 7 C-r- L.ance No. 9500 of t;:e Code cf the City cf Mi=' effering w.e real r.., ry iccatea in the Civ,r of ;4imzzd as desc^red ark listed on the pages attar,ed to this of=davit and rade a part t.hemcf. . 2. Teat all corners wrzi .^.:le mpresent:: , ally, Lave gi r ail the:.." ALU and complete for him to act n theix behai: for tt•.e =Ange or cf a or :erg'z -^-ticn cf z--n -.4 as set `.: the acc.».._ ^g petition. 3. nmt. the pages a �cned ^ereto and .-.me a parr cf t ,-is ay.�..a.�.. �.,..w.... ....e c.:.. r :.c""Ees, es, -,-,I.cre «r..:ez"s a: legal desc. �-tiC*i$ for t�.e real prope=y which he is the corner Cr legal MFZ Sw*rrative. 4. The facts 'as repr°sented i..: the application arci doc is ccn,;,w cti_—n with ttiis affi::av-it are t:ue and correct. Flu e. ;.Mant sayeth not. Sworn. to and Ere t�.:s f= day cf �'o ��i 9 Y . r T 1t.. r�.p 1. Lam'. of . r�i �.s�a Gi4 IZZZe . .�rrr� myC�A1..1r..^-..irvil � •rr.. G.Ci. it CI.MSE::::Y ..`.P ::':f ::.'3E3 98 VV ` 9 . , .... Owner' s ame .� ., �•� _ '' Mai 1 i no Address ea c � Telepnone .Number Legal Cescri^tion: :� t 1; 01-0 3 Dav Avenue , :.x�:ut ;rcve , . , : z Czr ei .a K. Dav,s Sucal.-,sirn, PI -at Book 3, Pace 15, Dade :1. 3191 iav Avenue, t�-A Scut^ x sf -zt I and lets 13 14, M. Dav, s Subdirssicn, Plat BOOK 3, Pace 16 Owner • s 'pane Mailing Address Telephone Number Legal Description: Owners Name Mailing Address Telephone Number_ Legal Description: Any u4her reai estate pruner-y owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address �E�Q-t ) 2 - �t•••_et Address Street Address Legal Description Legal Description Legal Descriotion AS--667 1. Lecal desCri=ticn and stre1Dt address cf sueie;t real p'rC7ert':: 211,01--03 Dav Ai,vnue . ; zc=.ut Zrcve , Fl. :got C:.r:.ei l.a :�. 'ay. s Subciivis= , :!at Book , pace i c , Dade C=_=, 0, , F.I. 3191 Dav Avenue, Scut^ y cr & 'acts 14, :1. Dav . s St:bcl•: i si:..•.. ?t 3OGlG _ , "lace : , :.ace 2. Ownerts) of sueiect real pa; rt7 and oercentace of ewnersr.ic. Noce: City of .41=1 ordinance ro. :419 rAQtllres discicsure cf all =arties raving a financial interest, either direct or indirect, in the sueiect matter of a presentation, request or petition to the City Cc=ission. Aceordingl%., question 42 requires disclosure of all sharenclders of ==ration, beneficiaries cf tr:sts. and/or any other interested pasties, tocetner with their addresses and cr=:or:cnate interest. Dav Centyr CCr=Mtirn A," be •J Ar/ la ��L Cs.a►t3L65 Herr=idc & Sharr'I Carr-'.o , Owners, : 00 % s •Cz c.Lv d" 3. L,&j" descr irticn and street address of any real nroce: t owned by anv party listed in answer to question t 2, anU (b) :ocated :. i ::iin 375 feet of :.ne suo]ect real property. Day Center C.-raoraticn Herr -ate CarriU d,j presidauZt 1 47 STATE CF FIlJRIDA ) SS: COU.IrY CT DBE ) n? (—enter being duly sworn, decoses and says t^at ne is the k C:wner; (Attorrey for Owner') of the real property described in answer to question sl, aoove; that he has read the foregoing answers and :' at ttte same ave true and er mlete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Cwnershin form on oenalf of the owner. SCR4 M AM TIRrn before !m this / i It day MY CCU USSI,.►. ETIS S: Dav Center Cerpera-_icn (SEAL) (Name) President A, acid trctar� °i o tale or orida at Large cover, NS-66'7- h..rnando A. Carrillo 300 Aragon Avenue, Suite 200 Coral Gables, F1. 33134 January 2'2', 1 "- 6- _ Mrs. Teresita Fernandez City of Miami Planning Dept. 275 V.W. 2nd Street Miami, Fl. Dear Mrs. Fernandez: As lou are aware, we have been in the process of reviewing the covenant on Day/Center. We would appreciate it if an extension of the class "C" permit could be granted so that we may submit revised drawings next week. Thank you for your attention to this matter. Cordially, W--C-2=4 llo ` N-6 :# .3126 Center Street ZCocanut Grove, 'L 23133 January 14, 1988 Sergio Rodriquez Director -Planning 12epart=ent City or Miami ��.c.ri✓ r��,�o . P.O. Box 230708 ' Miami, :L 33233-0708 Dear Mr. Rodriquez: 1--and others at the Anogee condominium --have reviewed the architect's site plan and renderings -for the proposed office building covering 27th avenue, Zday Avenue and Center Street in Coconut Grove. The building has a coed architectural style that we believe will add to the neiahborhood. But there are several important deficiencies in its details and landscaping which we recommend you chance before approval of the Per-mit C is issued: 1. 'First floor parkins must be 70% solid walls and 30% louvers (which match the shutters) in areas now shown as offer.. it is essential that all light and noise pollution be completely blocked out to protect the liveability and -value of adjacent residential areas. This would recruire raisina the CBS wall height from 5' and 6' to 3' and include it on the Center Street side of the building. A high 6` hedge should front the wall to retain the lush landscaping of the area. No 'light from the parking area should be�•visible from the street or adjacent buildings. The loading area should be screened from the street by a wall. We strongly object to the plan if the parking is not completely hidden. At _he rezoning hearing, the developer established a 5' residential zoned strip along Center Street. Therefore, should the building and parking setback be from the edge of the residential zoned property, or the crcpert,, line? And, since we have a 5' residential strip, the parking must be screened from the residential zoned property by a masonry wall. 2. The clan includes relccat-cn cf a number cf 'arse trees. A landscape architect :,dvises, as our cwn experience cenfi�::s, relocation cf _arce trees is a delicate operation, Frith a 50% or fetter =ail rate if not =one croaeriv. .or example, a live oak needs to be root pruned three months before ^:ovina; movement !n the winter, when the tree is least active, improves success of the transplant by a third; an irrigation outlet ("bubbler"` rust be planted with each tree to insure the success Q N-667 Sergio Rodriquez 2. January 14, 1988 of transplanting. The time of transplanting should be set for cool weather and the contract for root rrunina and bubbler placement verified. Tf the above conditions for transplanting are not a condition for Permit C approval, these relocations will be a de facto license to destroy the existing full canopy of trees. 3. :o insure continuation of maximum tree canopy, tree ;19--a live oak (this is not shown on existing site plan, but is shown with the new building) --should be kept --not relocated-- xit h the " Idin g plan on Center Street altered to accomodate it, if necessary. The setback of the rear of the building leads us to assume the tree canopy on the northwest and north- east corners of the site will be maintained, untrimmed. Is this correct? 4. The area between the street --both on Center Street and Day Avenue --and the sidewalk need to be planted with 3-foot high shrubs, such as oleander. If left as grass, as in the plan, it will become overflow parking spaces of unkempt lawn, as now are in the existing area. The hedge will prohibit parking absolutely and, as on the opposite side of Center Street, add to the landscaping of the area. The residential district must have assurance that all parking for the building remain on site with no overflow into the residential area. S. Since Day is one-way, all traffic exiting' the complex will need to drive through the residential section. We suggest closing of Day at Center Street to prevent intrusion of traffic. We believe the above will add value to the neighborhood and improve the aesthetics of the project. We highly recommend incorporating these points into the Permit C, and would welcome the opportunity to meet with you and the developer to discuss them. BTB/efh Very truly yours, Brooks T. Brierley RH--66 i Richard .:. Heisenbottle 3`i8 Day Avenue Miami. 'L 33133 January ", 1988 Ms. Gloria Fox CITY OF MIAMI PLANNING DEPAtiTME::"' 275 N.W. 2nd Street Miami, FL 33128 Re: Application for Class B Special Permit File No. B-86-0060 2701 Day Avenue, Miami Dear Gloria, Pursuant to Article 30, Section 3000 of the City of Miami Zoning Ordinance 9500, I hereby appeal the decision of the Zoning Adminis- trator approving the Class B permit 86-0060 for the property at 2701 Day Avenue. The plans submitted for the Class B permit 86-0060 are not in accordance with the Declaration of Restrictions and did not meet the intent or the requirements of Ordinance 9500. On behalf of myself. Townscape Homeowners Association, Inc. of which I am President, and a host of other residents of the neighborhood and their respective condominium associations, request a special hearing on the matter and I await your advisement as to the date and time. Very truly yours, Richard J. Heisenbottle RJH/ad encl. Check 5300.00 cc: Joe Genuardi 48- 667 r ,ZRAL GABLES. FLORIDA 3313• `ELF -PHONE 4d6.0221 ,anuar_� ' ► 19 8 7 Mr. ;osenh Genuard4 Zoninc Administrator Building and Zoni: _ Deoa=Ment 275 N.W. 2nd Street(2nd Floor) Miami, Florida 3128 Dear Mr. Genuardi: By way of this letter I wish to inform you that on November 24, 1986, we submitted for a Class "B" permit for a proposed building located at 2701 Day Avenue. Your staff has now reviewed the drawings and returned them to my architect Roger Fry on December 16, 1987. We are incorporating the changes requested. Due to the Holidav Season we are experiencing some delays within the office. However, it is our Intent to finalize all the drawings and re -submit them as soon as possible. If you should have any questions regarding this matter please do not hesitate to call me Cordially, do A . r l l0 RAC/mpk NS-667 W December 2il 1987 To whom it may concern: We are currently processing a class "C" permit with the City of Miami for our project at 2701 Day Avenue and Center Street. Please acknowledge receipt of this information by signing below and returning the letter to our offices at 300 Aragon Avenue, Suite 200, Coral Gables, F1. 33134 within 5 working day s . Plans are on file at the City of Miami Planning Department. Please direct all comments to Teresita Fernandez. ceived: Date. Thank you, 0 :rillo Architect 300 Aragon Ave. Suite 200 Coral Gables, F1. 33134 En Gmftw 140 M Nwr O* � cart 10013 MAoo HS`667 December of , 1987 To whom it may concern: We are currently processing a class "C" permit with the City of Miami for our project at 2701 Day Avenue and Center Street. Please acknowledge receipt of this information by signing below and returning the letter to our offices at 300 Aragon Avenue, Suite 200, Coral Gables, F1. 33134 within 5 working days. Plans are on f ile at the City of Miami Planning Department. Please direct all comments to Teresita Fernandez. Thank you, :rillo Architect 300 Arac:on Ave. Suite 200 Coral Gables, Fl. 33134 Received: Date: J r n:, December air 1987 To whom it may concern: We are currently processing a class "C" permit with the City of'Miami for our project at.2701._Day Avenue and Center Street. Please acknowledge receipt of this information by signing below and returning the letter to our offices at 300 Aragon Avenue, Suite 200, Coral Gables, F1. 33134 within 5 working days . Plans are on file at the City of Miami Planning Department. Please direct all comments to Teresita Fernandez. Received: �. �+� III '+ • l Date :� C� Thank you, 0 :rillo Architect 300 Aragon Ave. Suite 200 Coral Gables, F1. 3313-4 IRS-66"i December air 1987 To whom it may concern: We are currently processing a class "C" permit with the City of Miami for our project at 2701 Day Avenue and Center Street. Please acknowledge receipt of.this information by.signing below and returning the letter to our offices at 300 Aragon Avenue, Suite 200, Coral Gables, F1. 33134 within 5 working days. Plans are on file at the City of Miami Planning Department. Please direct all comments to Teresita Fernandez. Received: Date: Thank you, Rbr�ndo A. Carrillo Architect 300 Aragon Ave. Suite 200 Coral Gables, F1. 33134 i N s-66 d 4� A December at( 1987 To whom it may concern: We are currently processing a class "C" permit with the "' ` ........ ' -O^" cur project at 2701 Day Avenue and Center Street. Please acknowledge receipt of this information by signing below and returning the letter to our offices at 300 Aragon Avenue, Suite 200, Coral Gables, F1. 33134 within 5 working days. Plans are on file at the City of Miami Planning Department. Please direct all comments to Teresita Fernandez. Received: 1� Date: g(' k�— f 4 Thank you, 0 :rillo Architect 300 Aragon Ave. Suite 200 Coral Gables, r^1. 33134 q8667 // HERNANDO A. .CARRILLO ARCHITECT S IRBA%IST December 16, 1987 Mrs. Teresita Fernandez 275 N.W. Znd Street Miami, F1. Dear Mrs. Fernandez: By way of this letter, we are requesting a reduction in our off-street loading facility to 10 by 35 feet at our proposed office building at 2701 Day Avenue. The manner of operation anticipated for this building is such that the stalls of the dimensions generally required are unneccesary because, among other matters, the size, character, and operation of the use will not normally involve service by motor vehicles requiring the dimensions of an off-street space specified by Section 2023.2. The proposed building is a small office structure and the uses involved are likely to continue or to be succeeded by others for which the same stall dimensions will be adequate. Thank you for your attention to this matter. Cordially, ndo A.' Carrillo 200 Ara Avenue iF2 qS-66'7 LlZ f c H l T E C S - ;55 Pcrce ve Lecn boutevarc 0 -;,rat Gables. r!cnac 33146 �u5•Alh•77E7 OF 1tit I AAA I W AM ( I AL.. t247 AVENUE y 7rax COCOn t1�' (gag, PL. wcz CFG (Nr=2N4-nCNA6 -ojDr--.AsZ —J 0C— AT --'µE 'j::ZeoLroSr OF My CL)eNJ CC-9& (QrERNATlcwat.) pm uw2t riNcr -T"{kE 5 arrse -i D ojr-oAO yO(A NkS �� D� Sc�Ss�aNS Vv �Tu �� a�F GovNry T'fZ ar c L"�=�'�n�vi THAT T +c—r CovNry kA5 i VOtCAT=7 TV CFC.— DAY IvENVe ) r-a.oM Gaur=e- SriZE&T TO 5. 2?Avg WILL 3 -comrc TWO - Way ST12— P +GQ Tb COMPL�TrortJ fly' 4E nit D P0500 p F Fl C E TSLP (r i N 01 C A,—S 0 Prj�cUE 1 F you kANE - pjy &QaS-, c aus 2; L_ r�(7 i'tk 5, CoNi-Acr J46aNa�Oo GatAu-c @ G,cr&. (44-6- 43 43) N CarLs fZ p G Ems. Fey e.c - GFG +Nr'L . 04S-6 7- DECLARAT:CN Cc' ZES7n- : ONS {NOW ALL MEN BY TFESE THAT .he undersigned, LAY=l.7TER CCRP0RAT:CN, beinc the owner of the fee simple title to the prooerty ieaaily described as: Lot 1, Lot 13, :.ct 14 and the southern 1/2 of Lot 12, all withih the CORNEL:A M. DAY SUBDIVISION► :ecerded in Plat Book 3, at Page 16 of the Public Records of Dade County, Florida. make the Following voluntary Declaration of Restrictions hereby covering and running with the above referenced property, specify- ing that this Declaration shall constitute a covenant running with the land and shall be oinding upon the undersigned and all parties deriving title through them. These Restrictions during their lifetime shall be a limitation upon all present and future owners of the subject real property for the benefit of the City of Miami, Florida, and the owners cf all property within 300 feet of the subject property. 1. The owners were applicants before the City Commission of the City of Miami, Florida to rezone the subject property from RG-1/3 and RG-2/5 (with API-3 overlay) to RO-2.1/6 (without SPI-3 overlay). 2. &a owners agrec that the zoning boundary lines may lie on the said property but no more than five (5) feet (in addition to required dedication) from the westerly boundary line of said property (said westerly boundary 'line also being the westerly boundary line of Lots 12, 13 and 14 of the aforesaid CORNELIA M. DAY SUBDIVISION) and no more than ten (10) feet from the northernmost boundary line of said property, said northernmost boundary line' being a 'line bisecting Lot 12 of the aforesaid CORNEL:A M. DAY SUBDIV:SION into north and south half -sections. 3. The following covenant and restriction shall be applicable to the property: a) There will not be any motor vehicle ingress or egress onto Center Street from the subject property. The manner in which such ingress or egress shall be pre- cluded shall be shown on the plan for the first building permit applied for or approved after execution of this covenant and such plan for precluding ingress or egress shall be approved by the City Manager or his designee; b) Ten percent (10%) more parking shall be provided, than is required by Ordinance. The location and size of such additional space shall be determined by the Zoning Ordinance as if the additional spaces were required parking; c) A landscape buffer area of ten (10) feet in width shall be provided cn the northerly side of the property and five (5) feet cn the Center street side. A landscape plan for sucn areas shall be submitted with the first application for a building permit applied for or approved after execution c: this covenant and sucr, plan snail be approved by one Citv Manager or his desianee. CND06DECI gs_661�` 4. This _-eclaraticr. :f =estri-tions may be modified, amended cr released as tz any ccrticn c: the lands covered hereby. by written :nstru:tent executed by the holder cr holders cf the fee simple title _c the suD,ect property and cv the City cf Miami or its aut::orized representative. =ov:ded that no suen modifica- tion, amendment release snail --e made •;,thout first oeino approved at cr after a puoliz nearing neid tv the Citv c: Miami. S. This �eciaraticn shall inure to the cenefit of the owners, the City cf Miami, and all property owners within 300 feet and may be enforced by the City of Miami and by such owners of property within a 300 f„ot radius of the subject property by a suit in ecuity against the then owners of the subject property violating these restrictions, after a determination that a viola- tion exists is made by the City Manager of the City of Miami or his designee. 6. This Declaration of restrictions shall become effective on the earliest of the following: 1) thirty-one (31) days after final approval by the City Commission of the City of Miami, Florida of all requested rezoning, provided that a lawsuit has not been filed challenging the requested zoning change; 2) the date the applicant cr his successors) or assic_n(s) is issued a building permit to begin construction cf a building on the subject property devoted totally or in cart to office use; or 3) the date on which all legal challenges to the subject rezoning have been concluded without having successfully challenged the rezoning change. Notwithstanding the above effective date, should the suDiect re'zcning at any time be successfully challenged so as to preclude the construction of a building devoted totally or in part to office use, or should the requested zoning be changed so as to preclude the development of a building. devoted totally or in part to office use prior to the owner or his successor(s) or assign(s) having obtained a vested right to construct such an office building, then all restrictions contained in this declaration of restrictions shall cease to run with the land and shall be void and cf no effect. IN,WI:NESS WHEUOF� the undersigned has set its hand and seal this `day of WITNESSES: DAY CENTER CORP ATIGN e n'anao rr,llo, e nt WITNESSES: CNDO6DECI gyp •, �.�*°� ,CL•. �t r Sherry,Carr:ilo, Secretary/ Treasurer 2 q s—SFi .. .. . .. dkkl:?i 7. F I13181 .� :E PG J, U STATE OF FLORIDA t SS. - COUNTY OF DADE ) e :,ter eeoina i nst:ument •4.ss acknowledged before me t.liis day cf v ►,,✓�„a,E,,�•,, 1987, cy HERNANDO A. CARRILLO, as Presia�en of IAY .:ENTER c-=PORAT:ON, a Florida ccrvorat:cn, cn cenalf of said corporation. U � , Notary Pubiic )«�. State of Florida at Larq@ My Commission Expires: - Q'� "•`r r. ...,�. ,r....t :sitE . ,:0ltDi a ��.:• I � .: . •.. r ,:.. ril[�il IIS. Ulm. STATE OF FLORIDA ) 's; �`�• ; SS: "' ..sr4TEr"F COUNTY OF DADE ) ... The foreaoinc instrument was acknowledged before me this day of 1987, oy SHERRY CARRILLO, as Secretary/ Treasurer, of DAY CENTER CORPORATION, a Florida corporation, on behalf of the Corporation. Notary Public -- •� State of Florida at Lar4e✓ -•. My Commission Expires: %"v ! %:i liar f.��.r ••r1�.,1111r.. .:+ii4 cis. U&C. APPROVW AV TO FORH AND CORRECTNESS: CUCIA' A. DOUGHER CITY ATTORNEY CND06DEC1 .4. 3 NS-667 4t- -Ime V• :;TY --F MIAMI. =LQRICA INTER -OFFICE `.IEMORANCUM Gloria Fox, Chief E May 18, 1988 Hearina Boards Division Building and Zoning Department "a-`=- Class 1.-88-848 Soeciai Dermit t =v^M 1� �=EFERENCES Guillermo E. Olmeaillo, Ch-ief Land Develooment Division r4CLOS.RES Plannina Jeoartment Enclosed please find, per your request, all materials which constitute the record upon which the decision to approve with conditions Class C-88-848 Special Permit was taken. Please also find names and mailing addresses of those individuals that received courtesy notices from the Planning Department. If you need additional information, please advise. GEO/TL, /tlf Enclosure R8-66 uQ :: of Ai SERGIO RODRIGUEZ Director z Q +...Hw��• QI April 18, 1988 CESAR H. 0010 Citv Manager This is a courtesy notice to inform you that the Planning Department has issued Class C Special Permits 1-88-847 and C-88-848 approving a reduction in the size of the required loading stall and approving construction of an office building in the RO-2.1/6 - Residential -Office district, at 2701 Day Avenue. (See copies attached). The applicant proposes to construct the aforementioned office building structure on the subject arooerty in conformance with all zoning requirements according to the Building and Zoning Department review of 12/24/87 and 03/29/88; all uses in this district require a Class C Special Permit per page 3 of 6 of the Schedule of District Regulations of Zoning Ordinance 9500. The applicant is also proposing to reduce the size of the required loading stall from 15' X 35' to 10' X 35' per Section 2023.2 of Zoning Ordinance 9500. Please be advised that the aforementioned Class C Soecial Permits have been approved with conditions on 04/15/88. Section 2551 of Zoning Ordinance 9500 allows any person or persons, 'Jointly, or any board, agency or officer of the City aggrieved by the decisions of the director of the Department of Planning on an application for Class "C" Special Permit to seek review of such decision by the Zoning Board within fifteen (15) days of the date such decision was rendered, through an appeal filed with the Hearing Boards Division of the Building and Zoning Department, Nith the required fee. Sincerely, 4cio Rodriguez Director SR/TLF/tlf Enclosure =c. '-ernanao A. Carrillo, President, :av Center :oro. qS_(; i !/name /place /city /sal VEva Gardner /140 Grand 4 R /New York, N.Y. 10013 /Ms. Gardner Won Nathanson /2715 Tigertail Ave. #206 /Miami, FL 33133 /Mr. Nathanson :/Micheal Luiden /2715 Tigertail Ave. #503 /Miami, FL 33133 /Ms. Luiden !/Kayrie Mamery /2515 Tigertail Ave. 4107 /Miami, FL 33133 /Ms. Mamery VEduardo Anton /3165 Center St. 01 /Miami, FL 33133 /Mr. Anton !/Citicorp Savings of FL & Bowen /100 Chopin Plaza 41500 /Miami, FL 33131 /Mr. Bowen !/Edgar H. Tennis /2715 Tigertail Ave. #108 /Miami, FL 33133 /Mr. Tennis :/Luis F. Moreno /2715 Tigertail Ave. #507 /Miami, FL 33133 /Mr. Moreno !/Galleir Sualastog /2715 Tigertail Ave. 0504 /Miami, FL 33133 /Mr. Sualastog :/Calvin Patterson & C. Cortes 98-667 12715 Tiaerta313Ave. 4 207 /Mr. Patterson � J :/Mari E. Wolf /5981 S.W. 46 St. /Miami, FL 33155 /Ms. Wolf M arene Latz /2715 Tigertail Ave. *205 /Miami, FL 33133 /Mr. Latz !/Diego-Alonso /2715 Tigertail Ave. #608 /Miami, FL 33133 /Mr. Alonso !/Gambana Enterprises & Castro /2600 S.W. 3 Ave., 9th floor /Miami, FL. 33129 /Mr. Giterprises /Luis F. Moreno /2715 Tigertail Ave. 4404 /Miami, FL 33133 /Mr. Moreno :/James B. Byrne /5605 S.W. 14 St. /Miami, FL 33143 /Mr. Byrne !/Ciment Grover & W. Straber /820 Arthur Godfrey Road /Miami Beach, FL 33140 /Mr. Straw !/Stuart Taylor /3191 Center St. /Miami, FL 33133 /Mr. Taylor !/Mr. Stuart Taylor /3191 Center St. /Miami, FL 33133 /Mr. 7ayior !/Linda Klinberg /2715 Tigertail Ave. 4307 /Miami, FL 33133 /Ms. Klinberg /Thomas C. Rouse R8-667 /2715 Tigertail Ave. #106 /Miami, FL 33133 /Mr. Rouse !/Donald J. Gruber /2715 Tigertail Ave. #602 /Miami, FL 33133 /Mr. Gruber !/Marcus Jeffry /2715 Tigertail Ave. #403 /Miami , F L 33133 /Mr. Jeffry !/Lewis C. Jamieson /3165 Center St. #3 /Miami , FL 33133 /Mr. Jamieson !/Mary M. Hell in /2715 Tigertail Ave. #609 /Miami, FL 33133 /Ms. Hellan /Patricio del Rio /2715 Tigertail Ave. #105 /Miami, FL 33133 /Mr. del Rio :/Rose Rubinstein /2715 Tigertail Ave. #210 /Miami, FL 33133 /Ms. Rubinstein !/Alene 0. Exton /2715 Tigertail Ave. #607 /Miami, FL 33133 /Mr. Exton /Richard A. Canoll /2715 Tigertail Ave. 4508 /Miami, FL 33133 /Mr. Canoil /John J. McGiluray Merril Lyncn Relocation Mamt. /6 Corporate Park Drive /White Plains, '4Y 10604 /Mr. McGiluray /Lynne Kaua /2715 Tigertail Ave. 4510 /Miami, FL 33133 R8-6s� !/William Winkleman /2715 Tigertail Ave. #610 /Miami, FL -33133 /Mr. Winkleman !/Raland & Eva Loy /3176 S.W. 27 Ave. 42 /Miami, FL 33133 /Mr. Loy !/Ignacio Carrera Justiz /451 Dilydo Road /Miami Beach, FL 33139 /Mr. Justiz /Robert E. Amsei /2715 Tigertail Ave. #109 /Miami, FL 33133 /Mr. Amsel !/Dr. Sarjeant Graham /Medical Research Council University of West Indies /Kingston, 7 Jamaica, West Indies /Dr. Graham !/Marni Helen Pilafian-Lee /1372 S.W. 131st P1. Circle E /Miami, FL 33184 /Ms. Pilafian-Lee !/Betty Ciaffone /#5 Ivy Gates N.E. /Atlanta, GA 30342 /Ms. Ciaffone !/Jerry E. Enis /6980 S.W. 105 St. /Miami, FL 33156 /Mr. Enis !/Tomas E. Lacayo 12715 Tigertail Ave. #410 /Miami, FL 33133 /Mr. Lacayo !/Sonia Aristizabal /2715 Tigertail Ave. #203 /Miami, FL 33133 /Ms. Aristizabal 1//9p vid Liaerman %Z7�5 Tigertail Ave. =407 /Miami, FL 33133 /Mr. Ligerman !/Brenton N. Ver ►Ploeg /1980 Tigertail Ave. /Miami , FL 33133 /Mr. Ver P1oeg !/William Gallowey 12715 Tigertail Ave. #202 /Miami, FL 33133 /Mr. Gallowey ./J. Santisteban Roque /2715 Tigertail Ave. #201 /Miami, FL 33133 /Mr. Roque !/Peggy Hicks & Glenn Garden /2841 Day Ave. /Miami, FL 33133 /Mr. Garden !/Domennick Morda /2715 Tigertail Ave. 4401 /Miami, FL 33133 /Ms. Morda !/Peter T. Dutton /2715 Tigertail Ave. #305 /Miami, FL 33133 /Mr. Sutton !/John Daprich /2715 Tigertail Ave. 506 /Miami, FL 33133 /Mr. Daprich /M.J. Dawson Emark Busboom /3304 Virginia St. /Miami, FL 33133 /Mr. 3usboom /Proulxw A. & C. Evans & David Brown /114 Merrick 'play /Coral Gables, =L 33134 /Mr. Evans !/Judy G. Hicks /2715 Tigertail Ave. #509 /Miami, FL 33133 /Ms. Hicks !/Kinosley Lee -Lam �1''JZN /2715 Tigertail Ave. 0309 - /Coral Gables, FL 33134 /Mr. Lee —Lam /Andon L. Johnson /2715 Tigertail Ave. a#605 /Miami, FL 33133 /Mr. Johnson :/Luis Cordoba /2715 Tigertail Ave. 4302 /Miami, FL 33133 /Mr. Cordoba !/Theodore Crisonino /2715 Tigertail Ave. 4104 /Miami, FL 33133 /Mr. Crisonino :/Nancy Bailey /2715 Tigertail Ave. 4405 /Miami, FL 33134 /Ms. Bailey :/Florence Allen /2715 Tigertail Ave. 41 /Miami, FL 33133 /Ms. Allen :/Marion Mione /2715 Tigertail Ave. 4303 /Miami, FL 33133 /Ms. Mione :/Robert Ira Kendall /2715 Tigertail Ave. 0310 /Miami, FL 33133 /Mr. Kendall /Robert H. Garkert & H.M. Oass /2715 Tigertail Ave. #102 /Miami, FL 33133 /Mr. Garkert d0onald K. Picker /2115 Tigertail Ave. 0205 /Miami, FL 33133 /Mr. Picker !/Cristine Metzger /2115 Tigertail Ave. 4306 /Miami, FL 33133 /Mr. ,Metzger 98-66 :/Joyce N. Angel /2715 Tigertail Ave. #101 /Miami, FL 33133 /Ms. Angel !/Josech Shabatai /2715 Tigertail Ave. #209 /Miami, FL 33133 /Mr. Shabatai !/Christina Anderson /2715 Tigertail Ave. #110 /Miami,_FL 33133 /Ms. Anderson !/Don Knauer /1835 N.E. 164 St. /North Miami Beach, FL 33162 /Mr. Knauer !/Dmikow & R.J. Leheureux /3987 E1 Piado Blvd. /Miami, FL 33133 /Mr. Leheureux !/Jonja Rudd /3176 S.W. 27 Ave. 41 /Miami , FL 33133 '/Ms. Rudd !/John Cyril Malloy /169 E. Flagler St., Suite 834 /Miami, FL 33131 /Mr. Malloy g8-66i 11 APPLICATION FOR CLASS C SPECIAL PERMIT / ' File Number It is intended that Class C Special Permits be required where specified uses and or occuoancies involve suostantial tecnnical issues relating to planning policy. Any project requiring a Class C Special Permit must first be reviewed by the Building ana Zoning Department (2nd Floor; to insure that each project conforms to all zonina requirements. ,herefore, .his form must be signea by the Chief Zoning Inspector cefore the project will be considerea by the Director of the Planning Department. rrojec: has been reviewed by the Building and Zoning Department and has bee4 found to be in conformance with all zoning requirements." LC Phf ;7it:_0_r__ In Rec or — Oate The d i rof e/epartment of Planning shall be solely responsible for considLeration applications for Class C Special Permits. The director snall maKe such referrals to other officers or departments as are required by regulations to the particular special permit and may make other referrals deemea necessary by him before arriving at -his decison. (,Scti on 23 1.3 )� herepy apply to the director of the uepartment or Planning To approval of a Class C Special Permit under the provisions of Articles 23 ana 25 of the City of Miami Zoning Ordinance. Address of Property "4ature of Proposed Use ;?e specific) In RO A I attacn the following in support or explanation of this application: a) Survey of the property preparea by State or Florida Registerea Land Surveyor. b) Three ccoies of: site plan snowina (as reauirea) property bounaaries ana proposea structure(s), aarxina, 'anascaoing, screening, etc: building elevations ';if requirea), gith dimensions ana computation or lot area ;gross ana net), buildina <_oacina height envelope, _'JI ratios ;open space, °loor area, oarKina, etc.) See 'ection �301.2.1(c). o/ n c) Other (Specify) Z? �o ( d— i v d) Fee of �.%! Sasea on the following: IS-1.1: RG-2.1,2.2,2.3.RO-2.1: SPI-1,2,3,4,5,6,1,8,9,10,11,12,14 14.1,14.2,15,16,16.1,16.217: PO-H.HC,MU All other applications as required by the text or Scheaule of District Regulations Name City, state, '.ip AV.-6 ZO Oate %S- //S/i- 7 -Referrals - Yes X No Camooell. Public werL **PERMIT FEES ARE NON-REFUNDABLE** $70.00 $0.02 per sq. ft. of net lot area, minimum $200.00 $0.01 per sq. ft. of net lot area, minimum 5500.00 ZSignaturet rizea Agent Address 30 Phone 3313 ¢ *FOR OFFICE USE* : Guillermo E. Olmeaillo: Jack Luft: Janet Gavarrete: s: and _oseon A. Genuaroi, Bui 1 dino ana Zonino. Conditions - Yes X No See attached oaae Findings: See attached oaae. e Approvea ]isaoprovea �ergio R ooriauez. Jirector Approvea With Conditions /�/ Planning Oeoartment Date NOTICE. -his Decision may 5e appealed to the Zoning Boara. by any aggrieved person, ,rithin ;-*fteen 'S) gays of the :ate of the recision immeaiately aooveJ 5y Tiling a ,mitten aooeai ana aoorooriate *Qe with the Nearing Boargs Division. �uildina ana Zoning ]epart^ent. :'S N.W. �nd �.reet . "i ami :3123 i 3rdi Hance 3500: :ec. J551) . Conditions: Subject to final approval of Class 3 Special Permit 3-86--0050 regarding valet parking for the proposed office building at the subject location and subject to the site ana '-anascaoe Olans datea 04/11/38 includina the reauirements recommended by the Jrban Design and the Land Development Divisions, as follows: 1. Compliance .pith the Department of Public '4orKs-eauirements recommenaations reaarcing ^fight -of -way improvements for the three abutting streets. 2. Construction of a five foot (51) minimum height concrete wall facing Day Avenue to block the view from the right-of-way. 3. Relocation of the existing tropical almond trees numbers 2, 3, 5, 13, and 20 to the new landscaped area at the northern property line. 4. Replacement of all the proposed royal palms by live oak trees, of a minimum height of fourteen feet (14'). 5. Replacement of all the proposed black olive trees by live oak trees, of a minimum height of fourteen feet (14'). 6. Widening the entrance of brick pavers on Day Avenue. Findings: The Class 8 Special Permit C-86-0060 for valet parking facility for seventy- three (73) offstreet parking spaces was referred to the Planning Department on 11/09/87, approved by the Building and Zoning Department on 12/24/87, and appealed by an aggrieved party on 01/07/88. The Class C Special Permit Application for the office building, as proposed, is intimately related to the Class B Special Permit. Plans for the office building were resubmitted on 03/28/88 reflecting a reouirement of a ten foot (101) landscape buffer area by the Department of Building and Zoning, per attached letter dated 03/24/88. The applicant sent courtesy notices to the adjacent property owners, per the request of the Planning Department. The applicant has met with the neighbors; some concerned neighbors have revised the plans. There was an issue raised of a possible closure of Oay avenue at Center street. Clark Turner, Transportation Planner, has responded negatively on the issue by the attached memorandum dated 02/11/88. The Planning Department will not support any solution involving the aforementioned closure of Day Avenue. 'here was another issue raised about the possibility of retaining on the subject site the existing seventy foot ;70') high live oak tree number 10. The Planning Department staff has recommended against retaining it, due to the proximity of the proposed building, 4hich Nould mean considerable trimming 4f9 and oertaining oamaae to tree numoer 'O. ,:.n intenaea Decision was renaerea on 04/11/98 suo.ject to the 3forementionea conditions. The applicant moaifiea the plans accordingly. -here was an issue raisea aoout the re iocation of the trasn enclosure to be i ntearatea with the other services facing Day Avenue. The applicant has submitted the attached letter dated 04/11/88 Nnereoy the 7-olid Waste Department reached the conclusion that the area snouid remain as is because the refuse trucKs neea a straignt eun condition, ind the existing placement 'S the best for trash P-emovai. NN--66- 1! Notice of intended Decision Fite f Class C-88-848 Oats 041,0r88 Hernando A. Carrillo for To: (yawj C.F.G. International (A"veif300 Aragon Ave., Suite 200 (�'I Coral Gables, FL 33134 Frem: l.�ri Sergio Rodriguez, Director Planning Department Please take notice that I have reached an intended decision oR the following mattar: Title New office in RO-2.1/6 at 2701 Day Avenue, Coconut Grove. File OClass C-88-848 My intended decision is: Apprnva 1 Approval with the following candittens: See Conditions and Findinas attached. Dania) for the following reasons: W Form 20-83-I -24- Intended Decision for Class C-88-848 Conditions: Subject to final approval of Class 8-86-0060 regarding valet parking for the proposed office building at the subject location. Subject to redesign of the Landscape Plan to include the following comments recommended by the Urban Design and the Land Development Divisions: Compliance with the Department of Public Works regarding right-of-way improvements for the three abutting streets. A five foot (5') minimum height concrete wall facing Day Avenue to block the view from the right-of-way. Relocation of the existing tropical almond trees numbers 2, 3, 5, 13, and 20 to the new landscaped area at the northern property line. Relocation of trash enclosure, if possible, to be integrated with the other services facing Day Avenue. Replacement of proposed royal palms for live oak trees, of a minimum height of fourteen feet (14'). Replacement of all the proposed black olive trees by live oak trees. A wider entrance of brick pavers on Day Avenue. Findings: The Class B-86-0060 for valet parking facility for seventy three (73) offstreet parking spaces was referred to the Planning Department on 11/09/87, approved by the Building and Zoning Department on 12/24/87, and appealed by an aggrieved party on 01/07/88. The Class C for the office building, as proposed, is intimately related to the Class B. Plans for the office building were resubmitted on 03/28/88 reflecting a requirement of a ten foot (10') landscape buffer area from the Department of Building and Zoning, per attached letter dated 03/24/88. The applicant sent courtesy notices to the adjacent property owners, per the request of the Planning Department. The applicant has met with the neighbors; some concerned neighbors have revised the plans. There was an issue raised of a possible closure of Day Avenue at Center Street. Clark Turner, Transportation Planner has responded negatively on the issue by memorandum dated 02/11/88. The Planning Department will not support any solution involving the aforementioned closure of the street. 'here was another issue raised about the possibility of keeping on the suoject site the existing seventy foot (70') high live oak tree numoer 10. The Planning Department staff have recommended against it, due to the proximity of the proposed building, Nhich would mean considerable trimming and damaging of the tree. You have five wonting days fret receiot of this notice to request a conference with me ano such other officers. agencies or deoar-ents in accord with t;;e orovi si ons of Vie Miami Zoning Ordinance. '!our request should be mace directly to me in writing. le rttu Oi r, . 1 anni no Oecart-rent rorrrt 20-83 -2 98-667 1 01 LUCIA A. DOUGHERTY City Attornev Marcn 31, 1988 (30$1579.6700 Tetecovier: Q051 374.4730 Alberto R. Cardenas, Esq. Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A. 1401 Brickell Avenue Miami, Florida 33131 Re: Application for Class B Special Permit File No. B870060 2701 Day Avenue, Miami., Florida Dear Mr. Cardenas: I am in receipt of your letter dated March 24, 1988. I believe your question should be addressed to Ms. Gloria Fox, Chief Hearing Boards Division, Department of 9uilding and Zoning. In addition you. may wish to consider the provisions of Article 30, entitled Appeals From Decisions of Zoning Administrator and Director of the Department of Planning. Sincerely, G. Miriam Maer Assistant City Attorney GMM/rcl/P012 enclosure Cc: Juillermo 01medillo Planning Department Gloria Fox, Chief Hearing Boards Division Department of Building & Zoning ` 8 -66 7- lea �i / LAW OrrICES GREENBERG. _ Uiit ,ASKEW, HarrmAN, Uparr. RosEN & OUENTEL. P. A. '401 SRICKELL AVIENUC MIAMI. FLOIIICA 33131 &Ns H'A3e *519J)9.0500 • 80oWANO (3051823 811I ctr- , V V 'ELER 80 • 3124 o ET!' 1 - ,rL9C0PV '305) 579.0718 . 579.0717 NCST PALM ■EACH OrrICC '� IJ' BRCWAPO CrrICE 7PLAN00 OrrICE ,00 AUSTRALIAN AVENUE SOO EAST BROWANO 1111ouLCVA00 ,11 N0MV14 ORANGE AVENUE SUITE 201 SUITC 1350 SUITE ISSO WEST PALM •EACH. rLOWCA 33406 TORT LAU09I10ALE. rLORICA 33394 ORLANOO. rLOPICA 32801 ;3051683.sell :3051768.0500 '3051 e41•2222 1 •ELECow 1305) 6e3•8447-CLCCOPV (305) 785-t477 -ELCCOP+ 13051 A22.2766 AL89*70 R. CARDENAS '3051 579.0501 March 24, 1988 Lucia A. Dougherty, Esq. City Attorney City of Miami. One S.E. 3rd Avenue Suite 1100 Miami, FL 33131 Re: Application for Class B Special Permit File No. B-87-0060 2701 Day Avenue, Miami, FL Dear Ms. Dougherty: PLILASC RtPL4 TO: MIAMI orrice I am in receipt of a copy of a letter from Mr. Richard J. Heisenbottle to Ms. Gloria Fox dated March 17, 1988. I am enclosing a copy of that letter for your information. The.purpose of this letter is to ascertain the following from you: 1. An appeal was requested by letter dated January 7, 1988 of the above referenced Class B Special Permit. As a result of that appeal our clients, in good faith, proceeded to enter into an agreement regarding the project in question. Subsequent to that time, a number of additional individuals have surfaced expressing an interest on the ongoing appeal. 2. have reviewed the proposed list of appellants provided to GIs. Gloria Fox cy Mr. Heinsenbottle in his letter of Marc.-. 17, 1988. It is my understanding that additional appellants cannot be added to an ongoing appeal by an assignment of the Dormer appellant of his rights and 'interest in the appeal to a third party. This may well fall within the boundaries or certain state laws involving champertry, etc. Lucia A. Dougherty, Esq. March 24, 1988 Page two 3. Accordingly, kindly advise me of the names and addresses of the rightful appellants of the above referenced Class B Special Permit. Thank you. I look forward to hearing from you as early as practicable. truly yours, . 4aAS AC/ef Enclosure R8-667 i Richard J. Heisenbottle 2778 Day Avenue Miami, Florida 33133 March 17, ,988 Ms. Gloria Fox City of Miami Punning Department 275• N.W. Znd Street Miami, Florida 33128 Re: Application for'Class e Special Permit File NO.B-87-0060' 701 Day Avenue, Miami Dear Gloria, As I stated to you in my original letter of January 7th, 1988, requesting an appeal of the Class-e per- mit on the above reference property, 1 representing both myself. Townscape Homeowners Association Inc. of which I am president, and host of other resi- dents of the neighborhood and their respective con- dominium association. Since that time I have had ongoing dialogue with the developer of the prop- erty, Hernando A. Corlllo. As a result of these discussions some members of the original homeowners group have reach an agreement with the developer, while others have not. Accordingly, since the group as a hole cannot reach a unanimous consensus and -,n order to protect the rights of appeal by each of the parties and home- owners association involved, : am by this letter requesting that the right of appeal origi ti i L ly granted to me as representative .,f t!iu group be ex- tended to each and every person in the original group individually. This 'list should include she following: Centerv:ew Townhouse Assoc. Luc:la Anton 3165 Center Street t! Miami . : L 3 3133 Lewis .:amieson 3165 Center Street, z2 Miami. FL 33133 Jane McGedry 3165 Center Street. ; 3 q�"-ss% Miam -, 33133 �I TIGER BAY CONDOMINIUM ASSOC. c/o Mr: Don Gruber. President 2715 Tigertail Avenue Miami, FL 33133 APOGEE CONDOMINIUM ASSOC. 3128 Center Street Miami, FL 33133 ATTN: Mrs. :gar+en S pinrad CENTERVIEW TOWNSHOUSE ASSOC. c/o ,r. Lewis Jamieson 3165 Center Street, 43 APOGEE II CONDOMINIUM ASSOC. c/o Mr. Ralph Rubin, President 3166 Center Street Miami, FL 33133 Tim Kelsey 3165 Center Street, #2 Miami, FL 33133 Brooks Brierly 3128 Center Street Miami. FL 33133 Mr. S Mrs. Rubin Roth 2778 Day Avenue Miami, FL 33133 Upon receipt of this letter. please make the appro- priate notations in your File. By copy of this letter. I dm notifying each of the Individuals listed that :hey may continue tfteir appeal indi- vidually by contacting your oftice. Thank you again. For your continued cooperation. Ri and J. HeisenYottle RJH/en cc: Hernando corillo Joe Genuard: RS_s67 1, Hu of _'Rt�'�I. •, . Ctk. EDITH M. FUENTES :_ W ..�0n► ;►• Director _ ,•.•r� March 24, 1988 Hernando A. Carrillo c/o C.F.G. International 338 Minorca Avenue Coral Gables, Fla. 33134 CE H. ODIO City ma na4er Re: 2701 Day Ave. Class B Special Permit B-86-0060 for Valet Parking Dear Mr. Carrillo: As I requested from the City of Miami Law Department, I have received a legal interpretation of paragraph 3(c) of the Declaration of Restrictions for 2101 Day Avenue. The interpretation is that a ten (10) foot lanascape buffer area is required along he entire northern edge of the property. Your plans submitted for valet parking shows the ten foot landscaped area only along the edge at lot 12 and not along the northern edge of lot 1. Therefore, ;you must submit 5y Friday, March 25, 1988, 5:00 P.M. revised plans showing all the landscaped buffer areas required by the restrictive covenant. Failure to submit the revised plans. by Friday will result in a revocation of the Class B Special Permit B-86-0060. If you require any further information please contact me. Very trulv yours, ep A. 6enuardi Z sin Aaministrator JAG : 8 a cc: Sergio Rodriguez Edith Fuentes Guillermo Olmeaill,) oloria Fox .Juan Gonzalez ? i 1 e BUILDI-NG AND ZONING DEPARTMENT N.W gnu �treeui` 0 an, 330708/Miami. iL 33233.0708/1305) 350-7957 4 8-66''7 ✓„ CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUK Joseph A. Genuardi Zoning Administrator Building and Zoning Department DATE, Marcn 24, 1988 `I`E; SUSJEC7 Class C-88-847 and C-88-848 (2701 Day Avenue) OM• L�/� �� //:. �' �' v `� 4EFERENCES. oseah W. McManus Assistant Director ENCLOSURES. Plannina Department Please find attached three sets of plans for a proposed office building at 2701 Day Avenue and copies of Class C48-847 Special Permit application, to reduce the size of the required loading stall; and Class C-88-848 Special Permit application, to build the above office building within the RO-2.1/6 district. The above are referred back to you for your review and approval according to an interpretation from Miriam Maer, Assistant City Attorney, by memorandum to you dated Marcn 23rd, 1988, copy attached. If you need additional information, please advise. JWM/TLF/tlf Enclosures RS-667 1 ' `1 LL♦J r �► Y j jaf CtZ LUCIA A. DOUGHERTY City Attornev March 23, 1988 Ms. Louise Rubin 3166 Center Street Miami, Florida 33133 .3 e Re: Class B Permit - No. 36-006p (2701 Day Avenue) Dear pis. Rubin: 13051 $79-6700 Telecoot er. 0051 374-47 30 This will confirm our telephone conversation of Marcn 23, 1988 in which I explained to you that the referenced Class B permit has in fact been issued and.the appeal to the Zoning Board is from such issuance. Your letter to me dated Marcn 9, 1988 addresses two issues, the location of zoning boundary lines (#2 of Declaration) and the location of the landscape buffer zone (13(c) ) of Declaration) in the Declaration of Restrictions Covenant recorded in Official Records Book 13181 at Page 376, Dade County Public Records encumbering the following property: Lot 1, Lot 13, Lot 14 and the southern one half of Lot 12 all within the Cornelia M. Day Subdivision recorded in Plat Book 3 at Page 16 of the Public Records of Dade County, Florida (hereinafter "Covenant"`. As to the issue of zoning boundary lines, it is our interpretation that Paragrapn 2 applies -)nly to the westerly boundary 'line of the property and the northernmost boundary line of the property (said northernmost bounaary Line oeing f-.irtner defined in the covenant as a line bisecting Lot 12 into north and south half sections) , and does not apply to Lot 1. I have attacned a copy )f the atlas sheet and aerial for your convenience in visualizing these areas. NS-667- Mi Ms. Louise Rubin March 23, 1988 Page 2 With regard to the landscape setback requirement, I believe the attached memorandum to Mr. Josepn Genuardi, Zoning Administrator, dated Marcn 23, 1988 is dispositive of this issue. Sincerely, r burci a A ugherty City Attorney GMM/LAD/rcl/P984 enclosures (3) cc: Honorable Mayor and Members of the City Commission Sergio Rodriguez Assistant City Manager Edith Fuentes, Director Building and Zoning Department Joseph A. Genuardi Zoning Administrator Guillermo Olmedillo Planning Department Gloria Fox, Chief Hearing Boards Division VT :iTY CF ',AIAM#. ;79_ORIOA iNTER•OFF10E AEMORANDUM Joseph A. Genuardi __TE Zoning Administrator 30M G. miriam Maer QEFERENCES. Assistant City Attorney CNCLOSURES March 23, 1988 ME. Class B Permit - No. 86-0060 (2701 Day Avenue) Declaration of Restrictions - Landscape Buffer Lines You requested a legal interpretation of Paragraph 3(c) of referenced Declaration. Paragraph 3(c) requires a landscape buffer of ten feet on the northerly side of the property and five feet on the Center Street side. It is our interpretation that this language requires a landscape buffer area of ten feet along the entire northern edge of the property - that is, along the northern portion of the southern half of Lot 12 and along the northern edge of Lot 1. GMM/rcl/P985 cc: Honorable Mayor and Members of the City Commission Sergio Rodriguez Assistant City Manager Edith Fuentes, Director Building and Zoning Department Guillermo Olmedillo Planning Department Gloria Fox, Chief Hearing Boards Division nH-667 -74 (C * af 4 its IT* DONALD W. CATHER. P.E. DIrwar . -. fir-+• -.- .. _.►•..... March 3, 1988 Ms. Lucia Anton 3165 Center Street #1 Miami, Florida 33133 1988 CESAR H.ODIO My Mary mv Sarin lSOfl' Joy ��'�•�' C�n�c�inr��fd� APPEAL SPECIAL CLASS 8 PERMIT - VALET PARKING AT 2701 DAY AVENUE Dear Ms. Anton: This Is in response to your February 25, 1988 letter requesting information concerning the Special Class 8 Permit for Valet Parking at 2701 Day Avenue. I have reviewed the sketch which you enclosed with your letter", showing the proposed closure of Day Avenue at Center Street. Since there is no scale to the drawing and there are no dimensions shown anywhere on the drawing. it is virtually impossible to make a valid assessment of its feasibility. However, before any such closure- could take place, it would be necessary for a large majority of the property owners within 1,000 feet of the affected intersection to submit a petition to the Department of Public works. Only after a properly advertised* public hearing can the Commission close access to a street if it is found to be in the best interest of the public. The City Commission has also established a policy of temporary closure of rights of way at intersections in order to assess the impact in the neighborhood. This is usually for a period of 90 days, after which the neighborhood is polled for their reaction before final installation of a permanent closure. As you can already see this process could take up to six months to accomplish. fz8-66i. Ms. Lucia Anton March 3, 1988 This department has had no direct notification of a request or application to return that portion of Day Avenue between S.W. 27 Avenue and Center Street to two-way operation. The one-way designation for this portion of Day Avenue was originally established for purposes of vehicular safety. Nothing has._.. changed in the area which would allow Day Avenue to return to -.a two-way operation. We certainly would be opposea to any such proposal. If you have any- f;:rther questions-; please do not hesitate to contact me. Sincerely,, leo ge Campbel Design Engineer GVC:mw cc: Joe McManus, Assistant Director of Planning - 2 - RS -66r1 1 c to p M ?'ease note ana see me Please q+ve me vcur comments :Please note ana return to no For Your :ntormation For your review ana aoorovei :mmeciate action cew" Please creoare remy +cr my Please answer witn ccoy signature to me Please follow througn _.For your signature RemarKS: '� "./�'�,l ZONING FACT SHEET LOCATION/LEGAL 2701 Day Avenue Lot 1, Lots 13 and 14 and the S 1/2 of Lot 12 CORNELIA M. DAY (3-16) p.R.D.C. APPLICANT/OWNER Hernando A. C 338 Minorca A Coral Gables, Residenital-Office Appeal by an aggrieved party of the Zoning Administrator's decision to allow the Class 8 Special Permit for valet parking for the proposed office building to be located at 2701 Day Avenue. This was referred to the Departments of Planning and Public Works. Their response is included in memos dated Decemoer 15 and 9. RECOMMENDATIONS ADMINISTRATION RECOMMEND DENIAL OF APPEAL. Class B permit for valet parKtng, permit No. B-86-0060, was approved and issued after review by staff and found to meet the intent and reouirenents of the City of Miami Ordinance 9500 in effect at the time of application. This was referred to the Departments of Planning and Public Works. Their response is included in memos dated Decemoer 9 and 15. DADE COUNTY WORKS ZONING BOARD At its meeting of February 22, 1988, the Zoning Board adopted Resolution ZB 18-88 by an 7 to 2 vote deferring the item to March 21, 1980 instructing Departmet of Building and Zoning to look into letter of 2/22/88 and report back at that meeting. f V 91 --7 Ui r— , iON AVI—,4 S {Z1 2 IV0..1 Ui - 2 - � 6 0 1 ig j Ig 2 so 1AO , 9 •so Ilso 8 5 iOJEEY GEMiN� SHIPPING AVE. 3!Q I TR.A.. 4 i 22 I 21 9 7 23 20 �9 6 nn 24 I ll 25 26 IT ~ 3 dWe 2 - .460 29 % arkI so I • I 4? 1 .3 3+% u 50149 � 4a 3 ~ 3 � � I �23 32 is \ is ob ♦ 1 ►t Ul 5 �4 34 J R0�,E `� UNTAIN �.. RAC +' 64: 'l 2 2, 3 4 S OF 40 a TRACT -A OAK VILLA 9 OQ-' C� •� ZB 2/22/88 AS 45, 46 AP K-25, K-27 Item # 3 101 Day Avenue -- l J J TO: Seroic Rodricue: Assistant Ci tv Manager FROM: Clart; F. Turner Transportation rlanner DATE: February/ 11. 19ee SUBJECT: Day venue. C'th Avenue to Center Street Recommendations and Comments 1. Day Avenue is presently one-way westbound from 27th Avenue to Center Street. and should remain thus. _ The intersect -.on cyf Day and _7t_h Avenues at Tigertail Avenue cannot safely accommodate eastbound trai+ic entering From Cav �:,venue.t 2. Day Avenue should not be closed to traffic at Center Street. Day Avenue Grovides a westbound alternative to Tigertail Avenue for local traffic circulation to the Coconut Grove )illage Canter. thus providing relies *or' theri gernai 1 . Gal•:. and Mari: intersect: on . Moreover. zermi nazi on of Lav at Center :•roul d create a long deao-eno street. with inadequate apace at the end for a proper turn -around. Finally, termination vrould force all ^afTic e::it:nq the proposed development to enter Z"th ".venue at :ts intersection with Tigertail. recreating and exacerbating the problem that on gi nal l •I led to the onelwav treatment :;r the first bloct' or Dav Avenue. The proposed new development will not generate unacceptably large volumes of traffic westbound on Day Avenue. m.:ic_i. _:r; .na _Dzce= ji a 1: mviZeI�. _';e najor:t:v Lr L•,nicti will presumaoi,. me . _ao ov emoicvees. :,ere the ^eat hour, the :,ad:t:cn cat enic'_s : `r ^inUt'-2 t_ :vestbouno n;v A :•enue :.uri na ' 1^ at .`.your- QUi d r,ot _oast i t::co =,n 'AnaccZgtab 1 e : ci Ume. 148-6667' '.1 In suamary, while it is recognized that the introduction o+. any more vehicles to the existing residential area along flay Avenue and Center Street is not welcomed, the available alternatives for tra++ic handling pose serious problems, and are not recommended. AFT 6s 1 1 Ise cc: Guillermo 01medilla 98-667 Ain 1 w ' TO i L--� FROM Please note ano see me Please give me Your comments !ease note ano return to me For your information For your review ano approval !mmeoiate action oesireo Please prepare reply for my Please answer. with Copy signature to me Please follow througn For your signature RemarKs: / r /1/J 4/ Imo'" x 1,3 l„ TO ` �C�'i � � FROM Please note ana see me Please give me Your comments Please note ana return to me For Your information =or your review ana acorcvai :mmeciate action cesirea ?lease oreoare remy for my Please answer. with copy signature to me _ Please follow through _For your signature sh _-:TY Ol• MlAMI. FLOftidt INTEf4-OFFICE MEIMORANCIUM 5 M. ,8"�rgio Rodriguez, Director �O Planning Department Joseph Genuardi =dministr=or r*oM oria Fox, Divi ief Hearing Boards Division Building and toning Department 0 CAM January 13, 1988 Me. , . eu ACT Class R Special Permit B-86-0060 •tlttPIENCLS Letter from Richard J. Heisenbottle dated January 7, 1988 fNCIOSURES Attached is a copy of the appeal received of the above mentioned Class B Special.Permit. Please submit all materials which constitute the record upon which the decision was taken. Also, please include the names and mailing addresses of all parties who have expressed interest or opposition in this matter. GDF:pas �W �jv "�A CBS 11 P Richard J. Heisenbottle 2778 Day Avenue Miami. 11 33133 January 7, 1988 Ms. Gloria Fox CITY OF MIAMI PLANNING DEPAITHINT 275 N.W. 2nd Street _ Miami, FL 33128 Re: Application for Class B Special Permit File No. B-86-0060 Z701 Day Avenue, Miami Dear Gloria, Pursuant to Article 30, Section 3000 of the City of Miami Zoning ,.Ordinance 9500, I hereby appeal the decision of the Zoning Adminis— trator approving the Class B permit 86-0060 for the property at 2701'Day Avenue. The plans submitted for the Class B permit 86-0060 are not, in accordance with the Declaration of Restrictions and did no't meet the intent or the requirements of Ordinance 9500. On behalf of myself, Townscape Homeowners Association, Inc. of which I am President, and a host of other residents of the neighborhood and their respective condominium associations, I request a special hearing on the matter and I await your advisement as to the date and time. Very truly yours, Richard J. Heisenbottle RJH/ad encl. Check $300.00 cc: Joe Genuardi 98-6f i �l/ ✓ e) Other P File Nu:_ber C - W -006a It is intended ttzt class 3 Special Permits be required where specified uses or characteristics of use are of a nature requiring mandatory te,chnicar.deter- rinations or reviews to establish special conditions and saieguaros. In general, such determinations and reviews will normally be by agencies or officers other :nan t^P oenzi-r=ant cf Planning, and may invoive -ratters such as desien for traffic. 7arkinc „nd Jonding faciiities. health ano environmental considerations, ana lczai determinations. The Zoning Administrator shall 'je resvonsible for the administration and pro- cessing, of applicarions for Class B Special Permits, and for determinations thereon. Decisions of the Zoning Administrator-:egarding Class B Special permits shall be affected and limited by reports received on mandatory referrals as provided in Section 2402. (Suction 2301.2) 1. %4r eu&sj" h • ifAe ej LLt; , of the City of Miami for approval of a sions of Article 23 and 24 of the City Zoning District: 240 Z• �6 Address of Property Nature of Pro osed hereby apply to the Zoning Administrator Class B Special Permit under the provi- of Miami Zoning Qrdinance. aY -4yE 1-41 A 0-4 t Use (be specific)��' I attach the following in support or explanation of this application: a) Legal oescription of property and/or survey andlor floor plan b) Site plan. showing (as required) property boundaries, existing and .proposeo struccure(s), parking, landscaping,, screening, etc., with dimensions and comoutation of lot area, floor area ratio, lot coverage, etc. See Section 2304.2.1.(c). V. c) Fee of $80 _ d) Affidavit (specify) F.QTcZ Fr: 04a 5 N Signature cnt or Lee Name 00 A- (VkRe 14-40 Address03359I UajeCA "E City, State, Zir�a4t. aA.8t.W P/A • _ Phone 4446 —0 & Z form 8-&3 ob c:',ief 6ZQnxri ;nso,,;tor,s RecuMeenugtion: y /• 5 •G.a 1/ .ar►r 4�'ii�Ai//�.►A Zoning Administrator's Findings: // e t/ I hereby certify that I am A—.—MJJA-PJJDa A and I an applying For an Special Class a permit and I will be subject to re— quirements and limitations of the Ctty of —Miami Zoning Ordinance 9500 as amended. t POSiGnItIre Before me, the undersigned authority, authorized to .administer oaths and take acknowledgmentq, personally appeared. who, after being first duly sworn upon oath deposer and says that he is, the applicant for a Special .permit and that he has made and read the foregoing application and that the statements therein contained are true and correct. Sworn and subscribed to before me this - (�" :day of \� •,�i'1�h�/i 19 Notary Public State of Florida at Large NOIW Raft Sum of RafAs fat Lips My Caesura m Emm .lane IL I= Xv C-zz i r r i o-on E::. i ras 60000 M kAelnr0 AoOrf 9 AQ@W 98-66 / CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM File December 29, 1987 .o oAM r+�t: room Joseph A. ;enuardi & Zoning Department Class S Permit for su.iECT valet Parking at 2701 Day Avenue 4Efi11ENCES. ENCLOSURES I Response to Planning Departments comments dated December 9, 1987. Valet will coordinate parking• cars so that spaces 61 to 73 will be utilized during slow periods and therefor can turn cars around internally without ,driving around adjacent residential neighborhood. Also, county has Indicated that Day Avenue, will be made a two-way street from Center Street to SW 27 Avenue. IZ Response to Public Works comments dated December 15, 1987. 1. Dimensions of valet parking do not have to meet the City of Miami Guides and Standards. The proposed does meet the limitations of subsection 2017.1.2 and 2017.1.3. The spaces are of sufficient width and depth for attendant parking. 2. Same as for Planning Lepartment comment. 3. Loading stall has been redesigned to provide sufficient maneuverability and has been accepted by Public Works. 4. The 101 landscape buffer area is provided in accordance with the Declaration of Restrictions. 5. The application and plans were submitted prior to the change for valet parking. Complete application was submitted November 24, :986. a) Ordinance amended by Ordinance No. 10193, effective January 11, 1987. b) Ordinance No. 10313 permits us to process when complete application is submitted prior to a change in regulations. o 0 0 /, TO rr% if r FROM Please note and see me Please give me your comments Please note and return to me For your information 1_For your review and approval Immediate action desired Please prepare reply for my Please answer. with copy signature to me _ Please follow through _For your signature Remarks: T ; Ns__66 v . _ ^r..,+ Flle ��t is intenaed that Clas_ ., Soeciai ce required where sceci_`?ed uses :or c-..aracterist:cs of use are of a nature requiring mandatory teciinicai deter- I'minaticns or reviews tc estaciish sveciai c_naiticns and saietuaras. :n general, such _�eter-ninaticrs and reviews 4ill normally be by agencies or officers other _pan the Zenart-ent Planning, _nd Tav invoive Tatters such as cesirn for traffic. rark-ing and loading facilities. ';eaith and envirenmentai considerations. ana legal dettrninac:ens. The Zoning Administrator shall -)e responsible for the administration and pro- cessing of applications for Class B Special Permits. and for determinations thereon. Decisions of the Zoning Administrator regarding Class B Special permits shall be affected and limited by reports received on mandatory referrals as provided in Section 2402. iSeccion 2301.2) I, 14ga,L)"" l4 • CAeieq., G% , :,ereby apply to the Zoning Administrator of the City of Miami for approval of a Class 3 Special Permit under the provi- sions of Article 23 and 2+ of the City of Miami Zoning ?rdinance. Zoning District: 2• Address of Property Z 70 ( V A.-e 4 VS. f A " l Nature of 11— osed Use L1t. -� N 0� �<, (be specific) PkoP I attach the following in support or explanation of this application: a) Legal aescription of property and/or survey, and/or floor plan b) Site p.1an, snowing (as required) property boundaries, existing and proposea struccure(s), parking, landscaping, screening, etc.. with dimensions and comcutation of lot area. floor area ratio, lot coverage, etc. See Section 2304._.1.(c). c) Fee of S?0 ✓ d) Affidavit (specify) Signature _ or Le ./ e) Other Name L2UduID0 A. 4:ARR iILO AddressA330911JOACA -."e City, ..:ate. __reoe,64 GAS4FW._FLA_, Phone4146 -orn o-A3 _.air:'L r _.. al of Zoning Inspector's Recommendation: Loring Administrator's Findings: 'A / / el eA W. e)a55 / .4': I hereby certify that I and L'as applying for an Special Class B permit and 1 will be subject to re— quitements and limitations of the City of Miami Zoning Ordinance 9500 as amended. 01 •t= Sf gn t Ire '.:Before me. the undersigned authority, authorized to administer oaths and take acknowledgments, personally appeared. who, after being first duly sworn upon ;cstb deposes and says that he is the applicant for a Special permit and that he has made and read the foregoing applicat n and that the statements therein contained are true and correct. Sworn and subscribed to before me this (Z" day of 19 �1�0 Notary Public State of Florida at Large N"V Rtkl.* Steft of t Adit et Lehr Cc:r�s;i�sivn E::piras RX I I M McWWd eMWO �� Cr" of MIAM1. FLORIDA INTER -OFFICE MEMORANDUM Edith Fuentes, Director Building and Zoning Department Att J . Genu a r di rgej V. u pbe J/rl Design Engineer DATC Decemoer 15,, 1987 mt: su.,ccs Class "B" Review for Valet Parking at 2701 Day Avenue "EFERtNccs. Pub] i c works Department E"c`oS►,"ES_ P1 ans and Apo i tali on As you requested in your memo of December 10, 1987, the plans and application were reviewed for Class "S" 86-0060 for valet parking at 2701 Day Avenue. The following comments are provided: 1. The proposed dimensions of the access aisles and stall widths for the valet parking lot are substantially less than the City's minimum standards for required parking. The proposed dimensions are also less than the minimums recommended for valet parking by the Institute of Transportation Engineers. 2. Parking in stalls 61 through 73 will require the parking attendant to drive west on Day Avenue to Mary Street and then loop around on surrnunding streets to th.e parking lot entrance. The shortest of these routes i s aoproximately 0.40 miles. The alternative to this long circuitous route is a much shorter illegal and potentially hazardous route. The attendants, at least some times, will probably drive 125' east on Day Avenue (one-way we:t Zojrsu street) to the parking lot entrance. 3. There is insufficient maneuverability provided for the loading stall. 4. The plans submitted for Class "8" 86-0060 apparently conflict with item 3c of the Declaration of Restrictions. i tem 3c states "A landscape buffer area of ten (10) feet in width shall be provided on the northerly side of the property". The required buffer is not shown on the plans on the northerly side of Lot 1. 5. Section 2017.1.2 of the Zoning Ordinance stipulates that valet parking facilities may be allowed only after minimum offstreet parking requirements have been provided. The plans do not indicate that any required parking has been provided. Please contact Bill tiackey, Highway Engineer, at 6865 to review these comments in more detail. R E-:C:V�J] WAM• mw BU LGING � .vJn) DE% 18 10F7 Cffr� r..f _ +Y ^e MIAMI. OrLORICA ''�,VtER-0�"fIC� MEMOfiAN`.�,M .o Bill Mackey December 10, 1987 Highway Engineer of oath, jublIC Works De artr�ent class 1Iti" Review for Valet Parking s:enM,AA. venuardi 2701 Day Avenueritedmini s t r. at o r �crt��Mets. Building & Zoning Department tNe�osu�cs Please review at your convenience the attached Class "9" 86-0060 for the above mentioned address for a proposed attendant parking facility for seventy three required off-street parking spaces. Please return the attached site plan with the original class "B" with your comments. JAG/Is cc: Juan C. Gonzalez Rafael Rodriguez Central file RH-66'7 Cal CITY CF MIAM1. PLORICA INTER-OFFiCE MEMORANOUM -° Joseon A. Genuardi _89ILrListratar uiidin nd Zoning Deofrtment 'ATE' December 9, 1987 ^LE:. SUBJECT Class "SO Review for Valet Parking 2701 Day Avenue rOoM T REFERENCCS: GUiller Chief o Lana Oeveiciment Division ENCLOSURES. Planni _ Department This is regarding i Class "3° 86-0060 Soecial Permit aoolication for a ornoosed office facility with offstreet oarking for seventy three (73) reauired soaces to oe maintainea with attenuant narking, only at 2701 Day Avenue. My comments are the following; Circulation pattern is too comolicated. Day avenue is a one-way street, therefore in the event that oarking soaces 1 to 00 are occuoi ed, in order to -fill in soaces 61 to 13, the attendant will have to leave the subject orooerty and go west two blocks (Center Street is a dead end street) in order to go around the area to come back to the site. This ,wilt create a negative imoact on the adjacent residential neighborhood which will be affected by excessive traffic. Additional comments will be made at the time of the rpouired Class C Soecial Permit application. If you nave additional ouestions, please advise. GEO/TLF/tlf qs-(; ,'7 f 15 CJTY CF MIAMI. FLORICA JNTER-OFFICE MEMORANDUM -o. Guillermo 01medillo CATE: *November 9, 1987 FILE; Planning Department /` oere�h A. Genuard� Admioistrator Building 6 Zoning Department 'SUIIIJECT. Class "3" Review for Valet Parking 2701 Day Avenue REFERENCES: ENCLOSURES: Plans 6 Class "3" Please review at your convenience the attached Class "B" 86-0060 for the above mentioned address for a proposed attendant parking facility for seventy three required off—street parking spaces. Please return the attached site plan with the original Class "B" with your comments so we may continue to process for further information from the Department of Public Works. JAG :ga cc: Juan C. Gonzalez Rafael Rodriguez Central file ZONING 9 12017 FRONT OR REAR OF LOT SIDE OF LOT (Ord. No. 9722. 6 1.10.27-83) Sec. 2017. Offstreet parldng requirements. general provisions. The following general requirements, limitations, and standards shall apply to offstrest parking. 2017.1. General performance standards for and intent concerntng offs"t parieing facilities Famept in the case of facilities approved by Clans B special permit for and maintained with attendant parking only, parking facilities shall be so located. designed. improved. con- strutted. and maintained as to provide safe and convenient access to and from public streets and alleys without driving through any other parking space. Entrances and exits shall be located and designed for minimal marginal friction with passing traffic. and turnout or merging lanes and/or lane dividers may be required where appropriate for this purpose. In additim the following objectives shall be attained. 2017.1.1. Parking maneuvers on public street# or sidewalks prohibited. backing into alley by Class C special permit; eseeptions. Except in the case of single-family or two-family detached or semidetached dwellings, in RSl, RS1.1, RS2 and RG-1 districts offatreet parking spaces shall be provided with room for safe and convenient parking or unparking without infringing on any public street or sidewalk, and without backing into any street or alley. Backing into a public alley from offstreet parking spaces in multifamily, commercial, and industrial districts shall be permissible only by Class C special permit subject to the requuemeats of section 2017.3. 2017.1.2 Considerations governing required width and length ofstalla; exceptions. Except in the case of facilities approved by Class B special permit for and maintained with attendant parking only, an offstreet parking apace shall consist of a stall of sufficient width to permit ado and convenient parking of automobiles of dimensions for which the stall is designed, with room for opening doors and entering or leaving the vehicle comfortably on either side from the front or rear. Length of stall shall be sufficient to 205 Rs-66 7. i 2017 �+, %TULNil. FLORMA allow for parking the entire vehicle outside reou=ed aiaies. with such clearance an --� may be required for safety at the inner end. 2017.1.3. Parking requiring movement of more than one car prohibited• exceptions Except in the case of facilities approved by Class B special permit for and maintained with attendant parkin¢ oniv, spaces shall be so arranged that any automobile mey be parked or unparked vnthout moving another. 20171.4. Seleetton of dimensmnai regurrements from ranges established Where ranges an established for the purpose of relating a:sie width to stall width in connection with these and other regulations applying to design and improvement of offstreet panting facilities to the City of Miami, selection of specific dimensional requirements shall be made on the basis of consideration of the nature and location of the parking facility or portion thereof and characteristics of probable occupancy. Thu& for exam- ple, in outlying low intensity locations and/or when there is likely to be rapid parking turnover, or substantial loading of merchandise into automobiles in such facilities, or where spates are likely to be used extensively by the elderly or handi- capped, wider stall widths may be required (with narrower aisles permissible) than in central or other locations in areas of high intensity of activity, or where parking turnover is low, or where there is little Ioading of merchandise into cars while parked, or where use by the elderly or handicapped is limited. 2017.2 Qfjstreet positing for comport automobiles Ia any offstreet parking facility providing four (4) or more offstreet parking spaces. not to _.. exceed thirty-five (35) percent in parking for residential uses and not to exceed forty (40) percent for office and commercial uses may be used for compact automobiles. Such spaces aha11 be marked and reserved for use by such compact cars and shall not be occupied by automobiles of greater length or width. No reduction in aisle width shall be permitted except where aiales serve compact spaces only. 2017.3. Application of CUy of Miami Guides -anti Stwui& r to location4 improvement, and lwi soaping of offistreet parking facilities Location, design, construction, surfacing, drainage, lighting. Landscaping, screening, and mainteaal, of offstreet parking facilities and acceaa thereto, whether or not such parking facilities are required by this ordinance, shall be in accordance with City of Miami Guides and Standarda. 2017.4. Clan B special permits required for substantial modiAcation of existing faciliti including ten or more spaces. Where it is proposed to make substantial modification of existing facilities including ten (10) or more spaces, required or otherwise, a Clara B special permit shall be required. C'Subw=tiai modification" shall be construed for purposes of this regulation as including changes in number, location, dimensions, or arrangement of spaces or aisles, entrances or exits, or character, type, or amount of landscaping.) 206 ,is-667 GtTY OF MIAM1. FLORibA 37 IN?1C1RFFIC t MEMORANDUM r ' 8on. Mayor and membPre of DAtc: the City Commission �ur►ttt Raul Lucia A. -Dougherty RffPcht mec,: City Attorney cNeLosu�cs: September 240 1987"t" A-86-196 Scrivenor's error in Ordinance No. 10023 Please be advised that Ordinance No. 10028, passed by the City -Commission on July 2S, 1986, contains a serivenor's error. A covenant proffered by the owners of the property, known as 2701-03 Day Avenue and 3191 Center Street, stated that certain restrictions on the location of the zoning boundary lines would be included as part of the rezoning of the subject ordinance that changed the zoning failed to include these restrictions. The attached draft ordinance would correct the omissions from the original ordinance and thus cause the Zoning Atlas to accurately reflect the City Commission's decision on this matter. I GMM/SA/rcl/P681 37- I L 148 -ss 1: J-87-200 10/15/87 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, 79.E.ZONING ORDINANCE OF THE CITY OF MIAMI , FLORIDA, BY CORRECTING A SCRIVENER'S ERROR AFFECTING PROPERTY LOCATED AT APPROXIMATELY 2701-03 DAY AVENUE AND APPROXIMATELY 2191 CENTER STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) BY PROVIDING THAT THE ZONING BOUNDARY LINE MAY LIE ON SAID PROPERTY BUT NO MORE .=_=1__::) FEET (IN ADDITION TO THE REQUIRE CATION) FROM THE WESTERN BOUNDARY LINE OF SAID PROPERTY (THE WESTERN BOUNDARY LINE ALSO BEING THE WESTERLY BOUNDARY LINE OF LOT 12, LOTS 13 AND %NO OF CORN M. DAY SUBDIVISION) AND MORE TEA 10 FEET FROM THE NORTHERNMOST UNDAR PROPERTY (THE NORTHERNMOST BOUNDARY LINE BEING A LINE BISECTING LOT 12 OF CORNELIA M. DAY SUBDIVISION INTO NORTH AND SOUTH HALF SECTIONS), SAID PROVISION HAVING BEEN INCORRECTLY OMITTED FROM ORDINANCE NO. 10028, JULY 25, 1986; AND CONFIRMING THE REZONING OF LOT 1, CORNELIA M. DAY SUBDIVISION (3-16), FROM RG-2/5 GENERAL RESIDENTIAL AND SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO RO-2.1/6 RESIDENTIAL -OFFICE, ELIMINATING THE SPI-3 AND ITS REZONING OF THE SOUTH 1/2 _ OF LOT 12, LOTS 13 AND" 14, CORNELIA M. DAY SUBDIVISION (3-16) FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO RO-2.1/6 RESIDENTIAL -OFFICE, AS ESTABLISHED BY SAID ORDINANCE NO. 10028; MAKING FINDINGS AND BY MAKING ALL NECESSARY CHANGES ON PAGE 46 OF SAID ZONING ATLAS AND 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. WHEREAS, the Miami Zoning Board, at its meeting of May 201, 1985, Item No. 2, following an advertised hearing, made a motion to recommend approval of a change of zoning classification as hereinafter set forth, which failed by a 4 to 3 vote, thus .:onstituting a RECOMMENDATION OF DENIAL; and WHEREAS, the City Commission after careful consideration of this matter deemed it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants, notwithstanding the Zoning Board's recommendation of denial, to grant this zoning change in Ordinance No. 10028, .;uly 2:, 1986; and - ' fC�C WHEREAS, a scrivener's error resulted in the omission from said Ordinance of that certain languace wnich provided that the zoning Boundary lines tie on the property in accordance with paracrapn two of a certain Declaration of Restrictions voluntarily proffered by the property owner and recorded in the Public Records of Dade County, Florida and attached `rereto as Attachment 1; and WHEREAS, it was never the intention of this Commission to omit these restrictions on the zoning boundary lines as hereinafter set forth; NOW, THEREFORE, HE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 10028, passed and adopted by this Commission on July 25, 1986, mistakenly contained a scrivener's error by its omission of the restriction that the zoning boundary lines may lie on said property but no more t~an 5 fcct ( :n addition to the required dedication) from the western boundary line of said property (the western boundary line also being the westerly boundary line of Lot 12, Lots 13 and 14 of Cornelia M. Day Subdivision) and no more than 10 feet from the northernmost boundary line of said property (the • northernmost boundary line being a line bisecting Lot 12 of Cornelia M. Day Subdivision into north and south half sections). Section 2. The rezoning of the subject property accomplished by said Ordinance No. 10028, is hereby reaffirmed in the rezoning of Lot 1, Cornelia M. Day Subdivision (3-16), from RG-2/5 General Residential and FPI-3 Coconut Grove Major Streets Overlay District to RO-2.1/6 Residential -Office and eliminating the SPI-3 and its rezoning of the south 1/2 of Lot 12, Lots 13 and 14, Cornelia M. Day Subdivision (3-16) from RG-1/3 General Residential (one and two-family) to RO-2.1/6 Residential -Office, as estaolisned by Ordinance No. :0028. Section 3. Page- 46 of the Zoning Atlas, made part of Ordinance No. 9500 1-y reference and description in Article 3, Section 300 of said Ordinance, is hereby amended to reflect the / 1I changes made necessary by amending the Ordinance as set �eorth herein. Section 4. All ordinances. Code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section S. Should any part of provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. This Ordinance shall be operative and the provisions thereof, unless• otherwise indicated, shall become effective in accordance with City Charter provisions. PASSED ON FIRST READING BY TITLE ONLY this day of , 1987. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this ` day of ATTEST: MATTY HIRAI City Clerk PREPARED AND APPROVED BY: &g Q Le G. MIXAM MAER Assistant City Attorney APPROVED AS/TO TORM AND CORRECTNESS: LUCIA A. DOUGHERTY� City Attorney // 1987. XAVIER L. SUAREZ* Mayor GMM/wpc/ebg/rcl/M124 - - - - --- - J-85-534 6/12/85 ORDINANCE NO. 1_ 0 002 AN ORDINANCE AMENDING THE ZONING 'ATL OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF LOT 1, CORNELIA M. DAY'S SOB (3-16) FROM RG-2/5 GENERAL RESIDENTIAL AND SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO RO-2.1/6 RESIDENTIAL -OFFICE ELIMINATING TOE SPI-3 AND BY CHANGING THE ZONING CLASSIFICATION OF -TOE SOUTB 1/2 OF LOT 12, LOT 13 AND LOT 14 CORNELIA M. DAY'S SUB (3-16) FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO RO-2.1/6 RESIDENTIAL -OFFICE ALL OF SAID LOTS _ BEING GENERALLY DESCRIBED AS 2701-03 DAY ` AVENUE AND APPROXIMATELY 3191 CENTER STREET, MIAMI, FLORIDA= MAKING FINDINGS AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF SAIL 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. WHEREAS, the Miami Zoning Board, at its meeting of May 20,_ 1985, Item No. 2, following an advertised hearing, made a motion to recommend approval of a change of zoning classification as hereinafter set forth, which failed by a 4 to 3 vote, thus constituting a RECOMMENDATION OF DENIAL. 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, notwithstanding the Zoning Board's recommendation of denial, to 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, the zoning ordinance of the City of Miami, Florida, is hereby amended by changing the zoning classification of approximately 2701-03 Day Avenue, Miami, Florida, more particularly described as Lot 10 CORNELIA M. DAY's SUB (3-16) of the Public Records of Dade County, Florida, from RG-2/5 General Residential and SPI-3 Coconut Grove Major Streets Overlay District to RO-2.1/6 Resi- dential-Office eliminating the SPI-3 and by changing the zoning j Classification ofapproximately 3191 Center Street, Miami, Florida, more particularly described as the South 1/2 of Lot 12, Lot 13 and Lot 14 CORNELIA M. DAY'S SUB (3-16) of the Public Records of Dade County, Florida, fromiRG-1/3 General Residential (One and Two -Family) to RO-2.1/6 Residential -Office. Section 2. It is hereby found that this zoning classifi- cation change: (a) Is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) Is not contrary to the established land use pattern; (c) 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; (k) Will not adversely affect property values in the adjacent area; (1) Will not be a deterrent to the improvement or develop- ment 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. 46 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, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they -2- qN-s6; are in conflict. Section 5. Should any Part or provision of thin Orift- nance be declared by a court of competent jurisdiction to be invalidt the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 2Dth day of JWP- r 1985. PASSED ON SECOND AND FINAL'READING BY TITLE ONLY this 2..: th day of July , 1985. EST: MMP9 G. -ONG City Clerk PREPARED AND APPROVED BY: tftro-�w .W�vo - IAM MAER Assistant,Z ty\Attorney APPS0yED,X40/ FORM AND CORRECTNESS: City Attorney GMM/wpc/pb/476 Maurice A. Ferra UR CE A. FERRE, Mayor .3- 98-ss: ��55 CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANOUM•. ,.,1l �O Gloria Fox C AT` July 7, 1987 A-85-238 Hearing Boards su.iccr Covenant -Day Center Corp. Ordinance No. 10028 7/25/85 room G. Miriam Maer "crcRcHces Assistant City Attorney 04CLOSUXC9. ' (one) Enclosed please find the original recorded Voluntary Declaration of Restrictions in the above referenced matter. GMM/rcl/P432 enclosure cc: George V. Campbell Public works Department Joseph A. Genuardi Zoning Administrator Matty Hirai City Clerk Guillermo Olmedillo Planning Depart.ent 'R8-66 I D RED 13 18 1 � 3T6 DEC:.ARAT:C`7 CIF KNOW ALL MEN BY TRESE PRESENTS: THAT the undersigned, :AY C_NTER CCRPORAT.CN, ceinc the owner of the Fee simple title to the prooerty legally described as: Lot 1, Lot 13, Lot 14 and the southern 1/2 of Lot 12, all within the CORNELIA K. DAY SUBDIVISION, recorded in -Plat Book 3, at Pace 16 of the Public Records of Dade County, Florida. crake the following voluntary Declaration of Restrictions hereby covering and :unning with the above referenced property, specify- ing that this Declaration shall constitute a covenant running with the land and shall be oinding upon the undersigned and all parties deriving title through them. These Restrictions during their lifetime shall be a limitation upon all present and future owners of the subject real property for the benefit of the City of Miami, Florida, and the owners of all property within 300 feet of the subject prooerty. 1. The cwners were applicants befcre the City Commission of the City of Miami, Florida to rezone the subject property from RG-1/3 and RG-2/5 (with SPI-3 overlay) to RO-2.1/6 (without SPI-3 overlay). 2. The owners agree that the zoning boundary lines ;nay lie on the said property but no more than five (5) feet (in addition to required dedication) from the westerly boundary line of said property (said westerly boundary line also being the westerly boundary line of Lots 12, 13 and 14 of the aforesaid CORNELIA M. DAY SUBDIVISION) and no more than ten (10) feet from the northernmost boundary line of said prooerty, said northernmost boundary line being a line bisecting Lot 12 of the aforesaid CORNELIA M. DAY SUB6I7:SIGN into north and south half -sections. 3. The following covenant and restriction shall' be applicable to the property: a) There will not be any motor vehicle ingress or egress onto Center Street from the subject property. The manner in which such ingress or egress shall be pre- cluded shall be shown on the clan for the first buildinc permit applied for or approved after execution of this covenant and such plan for precluding ingress or egress shall be approved by the City Manager or his designee: b) Ten percent (10%) more parking shall be provided, than is required by Ordinance. The location and size cf sucn additional space shall be determined by the Zoning Ordinance as if the additional spaces were :equired parking; c) A landscape buffer area of ten (10) feet in width shall be provided on the nort:^er'_y s.de of the prooerty and five (:) feet on the Center street side. A landscape plan for sucn areas snail be suomittea WLth the first application for a building hermit applied for or approved after execution of this covenant and sucn clan shall be approved by t:^e City Manager or his designee. CND06DEC1 A j � O1 OFF II I U I? .�� 1. EC 4. This Declaration cf=estr:ct:cns -1av to modi" ed, amended or released as tc anv =croon c= t-e '_ands covered nereov by written .nstrument executed ov the polder cr holders cf the fee simple title t: the suc;ect prcoert•, and o•r the City of Miami or its authorized representative, provided that no such modifica- tion, amendment cr representative, :l�nalce .:,ade witftcut `first oeinc approved at or after a pupiic nearing neld by the City of Miami. 5. This Declaration shall :pure to the benefit of the owners, the City of Miami, and all property owners within 300 feet and may be enforced by the City of Miami and by such owners of property within a 300 foot radius of the subject property by a suit in equity against the then owners of the subject property violating these restrictions, after a determination that a v]. tion exists is made by the City Manager of the City of Miami or his designee. 6. This Declaration of restrictions shall become effective on the earliest of the following: 1) thirty-one (31) days after final approval by the City Commission of the City of Miami, Florida of all requested rezoning, provided that a lawsuit has not been filed challenging the requested zoning change; 2) the date the applicant or his successor(s) or assign(s) is issued a building permit to begin construction of a building on the subject property devoted totally or in part to office use: or �) the date on wnich all legal cnallenges to the subject rezoning have been concluded without :laving successfully challenged the rezoning change. Notwithstanding the above effective date, should the subject *P,%nn ng at any time be successfully challenged so as to preclude the construction of a building devoted totally or in part to office use, or should the requested zoning be changed so as to preclude the development of a building devoted totally or in part to office use prior to the owner or his successor(s) or assign(s) having obtained a vested right to construct such an office building, then all restrictions contained in this declaration of restrictions shall cease to run with the land and shall be void and of no effect. IN/7- N , W1,TNESS this 7- day WITNESSES: WITNESSES: WHEP,EOF_, the undersigned has set its hand and seal of �S'-- , 1987. DAY CENT e r:3ndo e nt TION v rr1l+o, Y� Sherry, ilia, SecTetary/ Treasurer CND06DECI R(i-66 i I A. OFF 1318 kEt qjw STATE Or FLORIDA SS: COUNTY OF DADS 1 The f-recoing instr••�ent was acknowledged before me'this `l day of 1987, by KEANANDO A. C?,RRILLO, as presi ent of DAY CENTER C POAAT:ON, a Florida corporation, on behal! of said corporation. Notary Public 'State of Florida at Larg@ My Commission Expires: •,.91" r,.! •t STATT M rLDITDi •• .■•'..:JS lip. ac :3.1946 I Q . :0 USUAL M. U/D.. � J c; STATE OF FLORIDA ) .' O ' . Q;..• COUNTY OF DADE ) "• The foregoing instrument was acknowledged before me this day of _l1�L«rr_�% _� 1987, by SHERRY CARRILLO, as Secretary/ Treasurer, at DAY CENTER CORPORATION, a Florida corporation., as behalf of the Corporation. Notary Public t � State of Florida at Larcjo,7 , My Commission Expires: IM: .life $:01! ,A r• nNtis'ot ttr. :t: ,i.. . APPROVF,f AV TO FORM AND CORRECTNESS: 'CUCIA' A. DOUGHER CITY ATTORNEY �.+•' "'o tit UrAP l L ' CNDO6DECI 3 27Q1___!-jAY AVENUE _o CLASS C _PL_T1ul1' 't'hr, Class C hr_r:it for tilt props( -(I offico hiiillin;; shoi)lri 1)r? •lcnird i)r+catlsr th^ sitr rlan Calls for the destruction of the mattire l tld- Sr.apinr tto, on t'ln eit f'llis :ill caiisr t'lc ln'il-tin;* to intritir into tli,- ai j,1cent resi i�!ntial area, lo-:eriw- prop^rtv valiir's r??movie,, the sper.ial llcavi ly fan i ,cat»-1 atrios?,?1r`rc that is flit` nro:.,i rent char- act"ri St: it of t';•, :ro,vr,. 1. I i1!' si tr cmit:sins 1 cnnoiit' of four lar''.r' 1.3vr` rvi'.i 1:;(1 sea' -rape trees t-:ith sprc1•11s of ut) to o0 f^et: (at Of, south-.-ost corner of ;enter Street) a11-1 a s;n?ale 11r.;;er livo oal.- lirectly north of this cniloj)y. The 1mil-13n ; le ire s:ioiilfi incorlmrate these trots into its flrsign as other '»iitrli,ir,s in this area of "';r.ovn havr, lone. 2• The S1t^. ')1. 117 forces -trees t0 (1C' Clli !lU:Yii i Oal'i':111', (? {tf'nri112? from mi lerncith 1:lie ?)uildin!.; (as in an alncst identical ')iiilding at iIird and Aviation). The par.:ing should 1)e r,- +(pired to i .,,ithin the buil.d•in- :Malls and screened so that noise and litlit do not intr.udc into the resicl^ntiai. «yea. '.1e iln,aer.stand a condition for the initial*2oning c?1anCr cn this site in 1986 adde.i extra par'.:ing rc-quirem,ents. 'ti'ith Metrorai.1 in plat^ :it .-mul:t be reasonal)ie to elimimate these extra S`?1C.^S, sav3wl Ci I:rnr!s and providinf: the doirelopf? r his floor 1re1 ratio. 3. This i s a cwwrr'rcial. bilildim, with -direct access t0 a com!,,1''rc i al street. 'et it .s designed -with entry and exit oil a one ::ay residential street. Entry and oxit shoiilrt be rer,ui.reri on 27TIl avenue. �. The l.'i11A'sc 'l- S-,^CJ.Ficttions of tiff? ti]tc plali art' sirnificantly les:. th,-n r?.`;,St)t1 1.1- n.lscapin^ oil tl-.c Site. "71ic _l:i'l,c Coiinty Nursery Rorport of t'1r' 'lori,la "tirsrr),mcn and Growers 1ssnci.at.1*011 gives monthly availaJility of l.:.u- scaping siich as 3v' black ol.ivr± trees and 12' high oleari-ler. To insim— that the site ret$ins its Grove ambience, any replacen;cnt landscaping should he of e;,istillR or '-otter quality. Submitted into the record in c��r;icctivn «�i11 item /5 3 on Matty Hira _ City Cierk 9i-667 c 49- '0 1.