HomeMy WebLinkAboutR-88-059011)
,1=88-382(b)
4/25/88
RESOLUTION NO,
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND THEREBY DENYING THE APPEAL
OF THE SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO, 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, THE
SCHEDULE OF DISTRICT REGULATIONS, PAGE 2 AND
3 OF 6, PRINCIPAL USES AND STRUCTURES, RO-3
RESIDENTIAL OFFICE AND RG-3 GENERAL
RESIDENTIAL, TO ALLOW THE OPERATION OF A
RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FACILITY (ECONOMIC OPPORTUNITY FAMILY HEALTH
CENTER) WHICH IS A TYPE OF COMMUNITY BASED
RESIDENTIAL FACILITY (CBRF) FOR PROPERTY
LOCATED AT 522-528-534 NORTHEAST 78TH STREET,
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN), AS PER PLANS ON FILE; ZONED RO-3/6
RESIDENTIAL OFFICE.
WHEREAS, the Miami Zoning Board at its meeting of April 4,
1988, Item 5, following an advertised hearing, adopted Resolution
ZB 48-88 by a eight to one (8-1) vote, to deny the Special
Exception, as listed in Ordinance No. 9500, as amended, the
Zoning Ordinance of the City of Miami, Florida, the Schedule of.
District Regulations, Page 2 and 3 of 6, Principal Uses and
Structures, RO-3 Residential Office and RG-3 General Residential,
to allow the operation of a Residential Substance Abuse Treatment
Facility (Economic Opportunity Family Health Center) which is a
type of Community Based Residential Facility (CBRF) for property
located at 522-528-534 Northeast 78th Street, Miami, Florida,
more particularly described as Lots 6, 7 and 8, Block 4, FEDERAL
WAY ADM., as recorded in Plat Book 25 at Page 6 of the Public
Records of Dade County, Florida, as per plans on file; Zoned
RO-3/6 Residential Office; and
WHEREAS, the applicant has taken an appeal to the City
Commission from the denial of the Special Exception; and
WHEREAS, the City Commission after careful consideration of
this matter finds that the application for a Special Exception
CITY COMMISSION
MEETING OF
JUN 231988
JESOIUTION No. 88-590.
R'AARFS
does hot meet the applicable requirements in Zoning Ordinance Nos
9500, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA!
Section 1. The decision of the Zoning board in denying the
Special Exception, as listed in Ordinance No. 9500, as amended,
the Zoning Ordinance of the City of Miami, Florida, the Schedule
of District Regulations, Page 2 and 3 of 6, Principal Uses and
Structures, RO-3 Residential Office and RG-3 General Residential,
to allow the operation of a Residential Substance Abuse Treatment
Facility (Economic Opportunity Family Health Center) which is a
type of Community Based Residential Facility (CBRF) for property
located at 522-528-534 Northeast 78th Street, Miami, Florida,
more particularly described as Lots 6, 7 and 8, Block 4, FEDERAL
WAY ADM., as recorded in Plat Book 25 at Page 6 of the Public
Records of Dade County, Florida, as per plans on file; Zoned
RO-3/6 Residential Office; is hereby affirmed and the Special
Exception is thus denied.
PASSED AND ADOPTED this 23rd day of Jjane 88.
ATT XAVIER L. SUA E , Mayor
MA TY HIRAI
City Clerk
PREPARED AND APPROVED BY:
f
is t
G. MIRIAM MAER
Assistant City Attorney
APPROVED AS TPnFORM AND CORRECTNESS:
JORCV L. oFERNAtJDEZ
City Attorney
GMM/rcl/M680
- 2- S13--59C
0
PZw36
ZONING FACT SHEET
LOCATION/LEGAL 522-528-534 NE 78 Street
Lots 6, 7 and 8
Block 4
FEDERAL WAY AMD. (25-6) P.R.D.C.
APPLICANT/OWNER Stanley & Blanche Lear
958 NE 79 Street
Miami, FL Phone # 751-3604
ZONING
Burton and Sylvia Engels
City National Bank
Suite 1101
25 W Flagler Street
Miami, FL Phone # 373-4713
James C. McMillan, II
5361 NW 22 Avenue
Miami, FL 33142 Phone # 637-6483
RO-3/6 Residential Office
REQUEST Special Exception as listed in Ordinance 9500,
as amended, the Zoning Ordinance of the City of
Miami, Schedule of District Regulations, Pages 2
and 3 of 6, Principal Uses and Structures, RO-3
Residential Office and RG-3 General Residential
to allow the operation of a residential
substance abuse treatment facility (Economic
Opportunity Family Health Center) which is a
type of Community Based Recreation Facility
(CBRF) on above site, as per plans on file.
RECOMMENDATIONS
PLANNING DEPARTMENT DENIAL OF THE SPECIAL EXCEPTION SUBJECT TO WAIVE
DAZtU KtJ1UtNI1HL rAt. ILII IL. kUbKf I. the
Special Exception as requested does not meet the
intent of Zoning Ordinance 9500. The Planning
Department's practice is to recommend one
resident per bedroom unless related by blood or
marriage to avoid the proposed Community 3aseo
Residential Facilities 'CBRF) beino overcrowded.
The Zoning 3oara and the City Commission nave
SS-590 /
ko
previously set a precedent of a minimum size
room of 12' X 16' for double occupancy; however,
the Planning Department finds desirable to add a
partition to the double occupancy rooms, to
separate residents. Even though the architect
has provided 15' X 22' for the approximate size
of the double occupancy typical bedroom, as well
as adequate common spaces and recreational
fdtiliLies, the Planning Deoartment is
recommending denial of the Special Exceetion
because it is subject to the minimum distance
variance filed in conjunction with this item
which is being recommended for denial.
PUBLIC WORKS No comments.
DADE COUNTY PUBLIC
WORKS No comments.
ZONING BOARD At its meeting of April 4, 1988, the Zoning Board
adopted Resolution ZB 48-88, by a vote of 8 to 1,
denying the above.
Five proponents were present at the meeting;
three opponents were present at the meeting.
APPEAL, Letter from James C. McMillan, II, dated April 5, 1988.
CITY COMMISSION At its meeting of May 19, 1988, the City Commission
continued the above to its meeting of June 23, 1988.
SS-59(} -
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t z t.A �rb Item # 3 a- to AP R-36, Q-S5
522-28 34 NE 78 Street
N.E.
111
BOARD OF DUECTORB
DMlaeae
Cattail BevsrrL Ed.D
Prolooni
Jam J. Cloy
Yee Preoident
Edna J. welients
secretary
Bomers Hawkins
Treasurer
Dorothy Baker
Men: A Brown
Tony E Crom Sr.
Dorothy Edwera
Sergio fiatlo
Joseph Gov. D.D.S.
Orange Haven
Monlyn Hob6etd, Esquire
Mare A Jean Lour
T. Ed Kinsey
Nan»niet Miller
Steven C. Minna. Esquire
Mona Morten
ROT a Phillips. Ph.O
Ma G. Rwso•Vatqust
watterwy A%Mbom*
The Non. Bartme Gray
The Icon. Corns Most
Jessie Trice. MPH
Executive Director
W CAW
Yw.ti /�.nv. r.hL
t
ECONOMIC OPPORTUNITY
FAMILY HEALTH CENTER, INC.
5361 N.W. 22nd AVENUE MIAMI. FLORIDA 33142 TELEPHONE (305) 637.6400
April 5, 1988
City of Miami _7
Hearing Boards Division
Building and Zoning
P. 0. Box 330708 =T
Room 226 --
Miami, F1. 33128
ATTENTION: MS. GLORIA FOX
W
Dear Ms. Fox:
On April 4, 1988, we applied for special
exception variance privileges for the property
located at 522-528-534 N.E. 78th Street. Sub-
sequently, we were denied by the Zoning Board.
Due to this occurrence, we are hereby filing
for an appeal. Your assistance in this procedure
is greatly appreciated.
Sincerely,
James C. McMillan I
Deputy Director
JM:sp
CC: Jessie Trice
Executive Director
Toni Shamplain
Department Director
Mr. Lear
DEPARTMENT OF SUBSTANCE ABUSE SERVICES pp p ��"
I. d Alcohol. Drug Abuse Funded Agency' ss--59E�,
.• =
APPLICATION FORA CL.,SS D S?EC1AL PERMIT OR, SPECIAL FXCFPTION
File Number DSE-83-
Within the City generally, or within certain zoning districts, certain structures. uses,
and/or occupancies specified in this ordinance are of a nature requiring special and
intensive review to determine whether or not they should be permitted in specific
locations, and if so, the special limitations, conditions, and safeguards which should
be applied as reasonably necessary to promote the general purposes of this Zoning
Ordinance, and, in particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further intended that the expertise
and judgement of the Zoning Board be exercised in making such determinations, in --
accordance with the rules, considerations and limitations relating to Class D Special —
Permits and Special Exceptions. (See Article 26.)
Formal public notice and hearing is not mandatory for Class D Special Permits, but is
mandatory for Special Exceptions. In other respects, these classes of special permits
are the same.
The Zoning Board shall be solely responsible for determinations on applications for
Class D Special Permits and Special Exceptions. All applications in these classes of
special permits shall be referred to the director of the Department of Planning for his
recommendations and the director shall make any further referrals required by these
regulations.
hereby apply to the City of
Miami Loning Boara for approval oi, cnecK one.
Class D Special Permit
Special Exception
for property located at 522-528-534 N.E. 78th Street
Miami.
Nature of P pposed Use (Be specific)
To provide Residential Substance Treatment
for �& women. We are seeking a CBRF Classification.
Form 10-83
Page I of 3
zM
I attach the following in supoort or explanation of this cooiication:
„- I. Two surveys of the orooerty prepared by a State of Florida Registered Land
Surveyor.
2. Four copies of: site pion showing (as required) prooerty boundaries, existing and
proposed structure(s), parking, landscaping, screening, etc: building elevations (if
required) with dimensions and comoutotions of lot area (gross and net), LUI ratios
(open soace. floor area. parking, etc.), building spacing and height enveiooe.
See Section .2304.2.1(c).
3. Affidavit disclosina ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application.).
:i 4. Certified list of owners of realestate within 375' rcdicus from the outside
boundaries of property covered by this application. (See Form 6-63 and attach tc
application).
5. At least two photographs that show the entire property (land and improvements).
6. Other (Specify)
Y 7. Fee of 400.00 , based on following:
(a) Class O $3U0.00
(b) Special Exception $400.00
(c) Surcharge equal to applicable fee from (a) or (b) above riot to exceed $400; to
be refunded if there is no appeal (City Code Section 62-6
Signature
caner or 'A tnori a Agent.
_ . Ja+rres C. M�F'1i11��
Name • •• •-
Address 5361 N.W. 22nd Avenue
City, State, Zip *iiami, F1. 33142
Phone (305) 637-6483
STATE OF FLORIDA) SS:
COUNTY OF DADE )
being duly sworn,
deposes ano says tnat ne is the ka� ) tautnorizea agents of the real property described
above; that he has read the foregoing answers and that the same are true and complete; and
(if acting as agent for owner) that he has authority to execute this application form on
behalf of the owner.
Form 10-83
Page 2 of 3
ISEAU
SWORN TO AND SIASCI1SED
before me this _ �,L (c °` day �1
Of ,cr0-6-,ti`
Nbtbty Public, Mote bt t-IWIC0 0? Large
MY COMMISSION EXPIRES:
i01'!0� 01ilN.tC � L. r � tWRTD!
RY tCN��1t�:G' rr ;••` i.�C90
Form 10-83
Page 3 of 3
A ` LA, '"'
=: Cr r=A )
�S.
C7U 101 tr t= )
Before me- :
t::e
urcez y-..,.:;; ..... a..,.r:z t . ,
&hjz :jay
z-scr;r
appeared
who
:.4; «� �...,
,.....�...:
a- ...r .. .:
_
upon cath, deposes and says:
I. That he is the .wner. cr the legal rQtresew-ative of the
owner, .. •' . 'tting the acccmpar:; :.:.g fora vblic hear_ g as
requ=ed b•; Cl. dimmnce No. 9500 ci' the Code of the City cf 'rsam i. _c: -da,
effect--.- the real r: -perm 1ccated -- . the City cf ' lzmi as desc. -ted a::d
listed on the pages attached to this afff avit and made a part. therecf.
Z. That ail c mers which he represents, if any, have ag1ven their
full and c=mlete per::rssicn for h. m to act :Ln their behalf for the orange
or md3fication of a classification cr regulat.on of co:u.^.g as set c,m iz
the acc=-an7=.g petition.
3. That the pages attached hereto and made a part of this
affidavit contain the miff.-: mt names, . ; ng addresses, phone Webers and
legal descriptions for the real properef which he is the owner or legal.
representative.
4. The facts as represented in the application and dc.- e.^.ts
surmittea in ccnjtriction with this affidavit are trse and correct.
Further sayet.. not.
(Name)
Sworn to and Subsc :red before me
this /' day or 19 .
c:ota± . ; :^wlic, Sate cf . c:d:: _a at Large
irN C=T;r:�1Cn Z.—C--irere-5 IOEAAY ►OILIC STATE Or FLCAIDA
At CONIUSSION EAF. %OV. 5.1990
A8-59C, q
-
Nate
ele0ntne 'cumber 75/ -3&ou
Owner's Name 19u b'Toti � n14rrr A�,. 0
Mailing Address 134,uAf �o,Tr //C�..
Telephone Number 47/—?
Legal Description:.�5� oWA,
Owner's Name
Mailing Address .
Telepnone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address
It/oAyE
Street Address
Street Address
Leaal Description
Legal Des=rintion
Legal Description
S8--54.0 v
i
DISCLZZ'U—c,E CF UsNEPSHIP
1. Leaal description and street address of suo]ect real property
fors � 7 � a � , /.�/o e� ',� o F ��r,77.a� �I�L ra v , ,4 s �✓L
,.7lgr r,teTLof-, Rbza rzV&M iN
AOD¢CSs : i-2 - o AY - ! 3v cap - ^ P"-� 5 rmm r
2. Owner(s) of subject real property and percentage of ownership.
Note*. City of Miami Ordinance zio. 9419 requires disclosure or all parties
aving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordinglyt question 42 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
,5 -rA At 14-, � h vSb W f 64-Al CA 6 4 p WMCIL r .:p
-& /L7aN �,vyiL ,4'40 S Y`V,d
3. LejiAl description and street addrns!r of any t ta1 nrcpe:t , ( �)
owned by any party listed in answer to question :2, arki (b) :c sated aitliIn
375 feet of the subject real property.
'14A#C
OGQN .R OR Fa'I WEY FOR OWMM
STATE OF FMRIDA ) SS:
COfTiYI"z CF DADE )
being duly
sworn, deposes and
_ says tnat ne is the
(Cwnerj (Attorney for Owner) of
the real
property
described in answer
to question w1, above; that he has
read the
foregoing
answers and that the
same are true and complete; and (if
acting as attorney
for owner) that he
has authority_ to execute this Disclosure of
Ownership
form on behalf of the owner.
svZR,t M AND S JLSCIUBED
cefore me this
day of , 199�.
(SEAL)
(Name)
Notary Puoiic, State oz
Florida at Large
MY COMUSS,I'": EYMRES:
SS-590 /1
E
STATE OF FLG= ) SS!
CCXJM OF DADE )
TAm�� /��/%-//r►N ► ceing duly SlAitm, decoses and
says that ne is the dZy ap ointea iloaxt of
the owner of the real property descrimm in answer to question 41v, amve;
that he has read the forecoina answers; that the same are true and com-
plete; and that he has the authority to execute this Disclosure of owner-
ship form on behalf of the owner.
SWOM TO AM SUMACMAED
before me this
day of : , 1 98 8 .
.e SEAL)
Notary ic, State of
Florida at Large
NOTARY PUBLIC �-A?P OF FLORIDA
MY COMMISSIM, LWIiRFS: N% CORAISSIOIr ►- v^v. 5.1990
GWwpc/ab/025
1111-5-910 lc�
'OWtN Ot arTOMNtr "` f
NAACO ROAM .e
Power of Rttorftey
'iKnow ill Men By These Presents
That STANLV.- LEAR and BURTC17 S:IGELS
ha Ve made, constituted and appointed, and by these presents do make, constitute and ap-
point JAMES C . McMILLAN II their true and
lawful attorney for them and in their name, place and stead in
obtaining
variance or special exceptions to the City of Miami
zoning and building code, on the Following property:
Lots 6, 7 and S, Block 4, of FEDERAL WAY, as per
plat thereof, recorded in Plat Book 25, at Paae 6,
of'the Public Records of Dade County, Florida
giving and granting unto JAMES C . McMILLAN 11
said attorney full power
and authority to do and perform all and every act and thing whatsoever requisite and necessary to
be done in and about the premises as fully, to all intents and purposes. as THEY might or could do
if personally present, with full power of substitution and revocation, herby ratifying and crmflarm-
ing all that JAMES C . McMILLAN II said attorney or
his substitute shall lawfully do or cause to be done by virtue hereof.
Irt JWitM 10here0f, we
seal s the 9 th day of
hundred and eighty-eight
have hereunto set our hand s and I `
February , in the year one thousand nine
Sealed d delivered ' he presence ofI
_...�...._ .1. ......._.......... .._(L..S.)
.-- ____ . STANCE LEAR
BURTON _E(GELS
State of F.ORi.DA
4URN of "'
J)e it mown, That on the 9th day of February one
thousand nine hundred and eighty-eight , before me.
a Notary: Public in and for the State of Florida
duly commissioned and sworn. dwelling in the
personally cameland appeared STANLEi' LEAR and 5URT0"1 ENGELS to me personally
known, and known to me to be the same person s described in and who executed the within power
of attorney, and who acknowledged the within power of attorney to be their act
and deed. 9S--59(;
In TeStimony Thereo(, I have hereunto subscribed my name and affixed my seal of office.
Ithe day and year last above written._ .................. (L. S.)
thy'"y state co Foinca at :..nrci�
. 1,,:;R:sv:ea,rrr, .: •nnue f I r" ) • I C.:: - - - - - -
/3
�•y3.)..4�
w:reRANT♦ OEEO `h
1-4 to To trr Olvlo
4'211 This Warranty Deed., Intie the
0 II
DAMES S . WZZW and SARA E . WnSM
sS R o .t�� Q
,,tio
at :larch
oAUCO orONaa Of
a
�. D IQ 85 by
Iterevtaifer called file urantorsro STA= Lr.FsR and BTAV—sr. =, his wise, sevent,r—five
percent, and BL'RIDN U4=Z and S�'LVlA r.K=Z, his wise, =*,mtv-f ive percent
�f� t-
LL'nose nostof itce adrirrss is �„�;��iY. C ! S t �f/L)/X� r �
hrretnntirr cailerl the urantep-
\1h�rr,►r v.rd hint" in. fain, .ranu,r ano erantre ncluot, an �nr oartte, to tht, .t„trurnent ana
ne Aetr, teral If Orhlhlal., It ana a.,trn, no indt,,duAlt ano the %urritmr, ana aatoM of corwration,i
TBitnesseth: 7,,o1 file rtranior for and in constrieration at the sum of c 10.00 anti other
rulual>lrt considerations. rerrinf u• 1t-recii is 11pre6v ac6ou•irrineci 6re6 nrants. 6nraains. sells. aliens. re-
mises releases conrevs arm ronitrms unto file grantee all Ihni cerfam intro situate in
Courtiv Flortcin.
Lots 6, 7 and 8, Block 4, of FEDERAL 'vW, as per Plat thereof
re"O!rded in Plat Book 25, at Page 6, of the Public Records of
Dade County, Florida; i-ncludim stoves and refrigerators herein;
Subject to: limitations, restrictions and easwents of PaKmrd
171.3 4 and to existing Leases; and
C j J Subject to: taxes for the year 1985 and ssbsequent years.
Together utiflt nil the tpnempnts, herediiaments and appurtenances thereto belonging or in any-
wise appertaining.
To Haue and to Roldr the same in fee simple forever.
Rnd the grantorshereby iqqvenctnix with said grantee that the grantor5Mwfully seized of said land
in fee simple: that the grantogood right and lawful authority to sell and convey said land: that the
grantoiShereby fully warrant$Cthe title to said land and will defend the same against the lawful claims of
all persons whomsoever: and that said land is free of all encumbrances. except taxes accruing subsequent
to December 31. 1985.
In fitness 19hereof, the said grantor has signed and sealed these presents the day and year
first or written.
igne sealed a e in our presence:
- ........................c,Lti+✓... /......................
....`.........
.........J�V................. l!'. A. .. ..................�
STATE OF FWR= SPACE sEtow FOR eECOrDEeS USE
COLNTI' OF DARE 1 �yy
I HEREBY CERTIFY that on this dav, before me, an officer duly
• / Z • 6y - .+ eniary Stamoe collects
authorized in the State aicresaid and in the Countv aforesaia to tare All P fit.n.r,
acanowiedirments, personally appeared JAMS S . "e,=1 and =ya' C,rcuii i. e_,.nrr couna
SARA E. WILSON tit . 3 -is BY
t:
to me known to be the person g described in and wno executed the
forevoine instrument and hey acknowiedeed before me that hey
,,utrruurrr..
c<ecuted the same.
WITNESS v h nod andboff 'S' e � "t a Countv and
State I afore id kills""':' 7 day of
/ hi • J L
Notary Publi6 t—Q�Flb4-id At Law
Thu Instruntrni prrpurrd bv: RIS; •'''• �, �".
lddnst 6920''v'�
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