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Home My WebLink AboutR-88-0474J=88=05(a) 12/15/8'7 RESOLUTION NO. 99,474 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 15, SECTION 1530, SUBSECTION 1533.3 SPECIAL HEIGHT LIMITS TO PERMIT CONSTRUCTION OF A SEVEN -STORY RESIDENTIAL APARTMENT BUILDING FOR PROPERTY LOCATED AT APPROXIMATELY 2815 TIGERTAIL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, WITH A MAXIMUM HEIGHT OF 59.99 FEET (40 FEET MAXIMUM ALLOWED); AND SUBJECT TO APPROVAL BY THE CITY COMMISSION OF A CHANGE OF ZONING FROM RG-2/5 GENERAL RESIDENTIAL TO RG-2/6 GENERAL RESIDENTIAL AND MAINTAINING THE SPI-3 OVERLAY DISTRICT; ZONED RG-2/5 GENERAL RESIDENTIAL AND SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT. WHEREAS, the Miami Zoning Board, at its meeting of December 7, 1987, Item No. 2, following an advertised hearing, adopted Resolution No. ZB 121-87, by a six to three (6-3) vote, DENYING the variance as hereinafter set forth; and WHEREAS, the applicants have taken an appeal to the City Commission from denial of the variance; and WHEREAS, the City Commission after careful consideration of this matter and notwithstanding the denial by the Zoning Board, finds that peculiar circumstances exist which impair the owner's right to some reasonable use of the property; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the decision of the Miami Zoning Board in this matter is reversed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Article 15, Section 1530, Subsection 1533.3 Special Height Limits to permit construction of a seven -story residential apartment building for property located at approximately 2815 Tigertail Avenue, Miami, Florida, more particularly described as Lots 40 and 41 less southeasterly five feet, CORNELIA M. DAY SUBDIVISION, as recorded in Plat Book 3 at Page 16 of the Public Records of Dade County, Florida, as per plans on file, with a maximum height of 59.99 feet (40 f CITY COiViMISSION MEETING OF MAY 19 1988 RESOLUTION No. 1174 Eli allowed); afid subject to approval by the City COWhissiOn of a change of toning from RG-2/5 General Residential to RG-2/6 General Residential and maintaining the SPI=3 Overlay District; Zoned RG-2/5 General Residential and 5PIj3 Coconut Grove Major Streets Overlay District is hereby granted. PASSED AND ADOPTED this l9th_ day of May , 1988. ATTES MATTr HIRAI XAVIER L. SUA , Mayor City Clerk PREPARED AND APPROVED BY: "i G. MIRIAM MAER Assistant City Attorney APPROVED "SO FORM AND CORRECTNESS: LV IX A. DOUG City Attorney GMM/rcl/M5809 -2- S"74. i AvA It. RICE, JH. AttOPNtw At LAW AR$A COOL 309 MAILING ADDRESS. fa43-0240 P.O. BOX 3S083& fiA2-0360 1►iIAMt, VWX01e 3313h LOCATION. June 2 j 1988 242ci N. W. Cliaat StREEt G. Miriam Maer Assistant City Attorney 1100 AmeriFirst Building One Southeast Third Avenue Miami, Florida -__33 1 Re: Item PZ-6 and 7, May 19, 1988.E City Commission Agenda. -35 --thru 38; -less -the -Pest 5 feet thereof; Lots 39 thru 44; less the Southeasterly 5 feet thereof; CORNELIA M. DAY'S SUBDIVISION, PB3/16, Dade County, Florida. Dear Ms. Maer: Enclosed herewith is the original Declaration of Restrictive Covenants from James G. Robertson, owner of the above described property, duly notarized and witnessed. The City Clerk has advised me that the original ordinance and resolution rezoning the above property and granting a height variance has not as yet been signed by the appropriate city officials of the City of Miami. I request a certified copy of the above prior to the recording of the Declaration of Restrictive Covenants. If there is any charge for these, please advise and I will remit same. Thank you for your cooperation in this matter. Sincerely, Jack R. Rice, Jr. JRR/ f r cc: James G. Robertson Gloria Fox, Hearing Boards Guillermo Olmedillo, Planning Department I Matty Hirai, City tCTe�-- f h.d v- ,...,� e I OLPL4- I 90; -7 I /1 J FRqM TO please g ve me your comments _Please note and see me f_For your information __Please note and return to Te -Immediate action desired -.For your review and appr a► _please answer. with copy reply f my to me _Please Prepare signature For your signature please follow thr 9h marks: �,�; ; �.r►-' .� ;it/rig• %i�•G� L ;A .l'ilea ?/Z�L LM Mrs. Kennedy: Right. Mr. Maxwell: That's what you want to do. Mr. Plummer: OK. Mayor Suarez: Start the roll call over again. The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-473 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE APPLICATION FOR VARIANCE FROM ORDINANCE 9500. AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RS-1; RS-2; ONE FAMILY DETACHED RESIDENTIAL, MINIMUM OPEN SPACE REQUIREMENT AND MAXIMUM HEIGHT, TO ALLOW A TWO-STORY ADDITION TO THE EXISTING SINGLE FAMILY RESIDENCE FOR PROPERTY LOCATED AT 2551 TIGERTAIL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), WITH AN EASTERLY SIDE YARD OF 4'2" (5.0' REQUIRED) AND A HEIGHT OF 29' (25' MAXIMUM HEIGHT ALLOWED), AS PER PLANS ON FILE; ZONED RS-2/2 ONE FAMILY DETACHED RESIDENTIAL. THIS VARIANCE HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. (Applause) 24. SECOND READING ORDINANCE: AMEND ZONING ATLAS CHANGE FROM RG-2/5 WITH SPI-3 OVERLAY TO RG-2/6 RETAINING SPI-3 OVERLAY - AT APPROXIMATELY 2785- 2855 TIGERTAIL AVENUE AND 3241-3299 MARY STREET (APPLICANT: MR. JAMES G. ROBERTSON). Mayor Suarez: OK, PZ-6. Mr. Robertson, Dr. Robertson, once again. Mr. Olmedillo: PZ-6 and 7 are companion items since... Mayor Suarez: Hopefully, forever and ever and ever. Mr. Olmedillo: Since PZ-7 is an appeal, then we would defer to the applicant to the appellant and then we will state for the record, the City's position - the administration position. Mr. Dawkins: We're on five now. Mayor Suarez: Six. Mr. Olmedillo: Six and seven, sir. III May 19, 1988 Mayor Suarez: I'm sorry, Guillermo, what vas that? Mr. Olmedillo: Seven is an appeal and, therefore, we'll defer to the applicant to make his presentation and then we will make the administration's presentation. Mr. Plummer: Seven? Pt-7? Mr. Olmedillo: Yes, seven is an appeal, six is an amendment to the zoning atlas. I mean, excuse - yes, to the zoning atlas. Jack Rice, Esq.: Change of zoning. Mayor Suarez: but they're related items. Mr. Olmedillo: but they're together in the same property. Mr. Rice: Well, as you know, we've had three different hearings on this and we Beet with the Tigertail Association and the Coconut Grove Association concerning the height of the building... Mr. Plummer (OFF MIKE): Was there any covenants or anything to be forth? Have we got them? Have we got the covenants? Do they satisfy what we want? Do we have... Mr. Olmedillo (OFF MIKE): You'll have to hear this. Mr. Rice: ... we started off with 59, then we reduced it to 49 and after another consultation with all the interested property owners... Mr. Plummer: Wait a minute, Puffy. We wanted a covenant. I'm told we got the covenant, it satisfies all the requests of the Commission... Mr. Rice: Right. Mr. Plummer: ... and that's enough. Mr. Rice: Yes, sir. Mr. Plummer: Anybody - are you objecting? Mr. Jim McMaster: No. Mr. Rice: He's for us. Mr. Plummer: I don't want to hear it again. Mr. McMaster: No, I'd just like to clarify that the plans on file are the ones that we agreed to which also encumber lot 42, that this new structure will cover lots 401 41, and 42. That was an important issue that... Mr. Plummer: Is that correct? Mr. McMaster: It would cover lot 42. Mr. Plummer: Does the encumbrance come in 40, 41, and 42? Mr. Olmedillo: The covenant will affect only the two lots. Mr. Rice: The height - we didn't ask for... Mr. Olmedillo: Forty and 41. Mr. Rice: We didn't ask for a height variance to 42, That will - but the building will be on that, but we'll be limited to 40 feet for that lot. Mrs. Dougherty (OFF MIKE): You're looking at seven right now? Mr. Rice: It protrudes a short distance... 112 May 19, 1968 Mr. Olmedillo: They could not pull a building permit on 42 without a variance. I mean, if they're going to go above 40 feet. Mr. Plummer: Got any other objections? Mr. McMaster: No, I'd just like to say that, yes, both sides had to compromise on this and I think it's best to get a building in here and lock this lot in. It doesn't do anyone good to have an empty parcel here that, sooner or later, will come back for another rezoning. Mr. Dawkins: So move. Mr. Plummer: Second. Mr. Olmedillo: Just one thing for the record. I would like the applicant, or attorney for the applicant to state on the record, that he made the change Including the FAR limitation to .94. Mrs. Kennedy: That was my question. It was supposed to be reduced to .94. Has it been done? Mr. Rice: I put that in and that's been approved by the City Attorney's office. Mayor Suarez: Yes, he wanted it on the record, right? Mrs. Kennedy (OFF MIKE): But until yesterday, it hadn't been done. Mr. Rice: Yes, point nine four. Mayor Suarez: OK. Mr. Rice: Not to exceed point nine four. Mayor Suarez: We have a motion and a second. Any further discussion? Read the - no, it's the resolution at this point. Mr. Plummer: No, no. Six is an ordinance. Mr. Olmedillo: That'll be item six. Mayor Suarez: First we have to do six or we do seven? Mr. Olmedillo: First six. Mr. Rice: No, six. Mayor Suarez: OK, on PZ-6, read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2785-2655 TIGERTAIL AVENUE AND APPROXIMATELY 3241-3299 MARY STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/5 GENERAL RESIDENTIAL WITH AN SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT TO RG-2/6 GENERAL RESIDENTIAL AND RETAINING THE SPI-3 OVERLAY DISTRICT BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of April 28, 1986, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: 113 May 19, 1988 AYES: Comimiasicher Miller J. bawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSENT: Comnissioner Victor be Yurre. NOTE FOR THE RECORD: Although absent during roll tall, Commissioner be Yurre later requested of the clerk to show him voting with the motion. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10441. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 25. GRANT APPEAL BY MR. JAMES G. ROBERTSON TO PERMIT 7-STORY RESIDENTIAL APARTMENT BUILDING AT APPROXIMATELY 2815 TIGERTAIL AVENUE. Mayor Suarez: PZ-7, I'll entertain a motion. Mrs. Kennedy: Move it. Mr. Plummer: Second. Mayor Suarez: Any discussion? Call the roll. Jack Rice, Esq.: That's 49 feet. Mrs. Kennedy: And let the record reflect that planning department recommends approval, not denial as it says in our backup. Mr. Rodriguez: Correct. Mayor Suarez: No? Mr. Rodriguez: This is on PZ-8, I'm sorry. We're talking on PZ-7 now. Mrs. Kennedy: PZ-8. Oh, I'm sorry, I moved ahead. Mayor Suarez: PZ-7. OK, we're all set? No more clarifications. We have a motion, do we have a second? Ms. Hirai: I have a move by Commissioner Plummer, second by Mrs. Kennedy. Mayor Suarez: Call the roll. 114 May 19, 1988 W The following resolution was introduced by Commissioner Kennedy, who moved its adoption: RESOLUTION NO. 88-474 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 15, SECTION 1530, SUBSECTION 1533.3 SPECIAL HEIGHT LIMITS TO PERMIT CONSTRUCTION OF A SEVEN -STORY RESIDENTIAL APARTMENT BUILDING FOR PROPERTY LOCATED AT APPROXIMATELY 2815 TIGERTAIL AVENUE, MIAMI. FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, WITH A MAXIMUM HEIGHT OF 99.99 FEET (40 FEET MAXIMUM ALLOWED); AND SUBJECT TO APPROVAL. BY THE CITY COMMISSION OF A CHANGE OF ZONING FROM RG-2/5 GENERAL RESIDENTIAL TO RG-2/6 GENERAL RESIDENTIAL AND MAINTAINING THE SPI-3 OVERLAY DISTRICT; ZONED RG-2/5 GENERAL RESIDENTIAL AND SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Victor De Yurre NOTE FOR THE RECORD: Although absent during roll call, Commissioner De Yurre later requested of the Clerk to be shown voting with the motion. Mr. Rice: Thank you very much and God speed to our former City Attorney, Lucia Dougherty. Mr. Plummer: Better give God speed to the new one. Mr. Rice (OFF MIKE): Yes, he really needs it too. Mayor Suarez: You keep it up, I'll entertain a motion to deny your... 26. CONTINUED DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED RESOLUTION AUTHORIZING NEGOTIATION AND EXECUTION OF LOAN AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION - PROVIDE FOR PAYMENTS, ETC. (SEE LABELS 7 AND 29). Mayor Suarez: Do we have a final report on S-4? Mr. Plummer: I've not seen any document on S-4. Mr. Mulvena: I think we have something that... Mr. Plummer: Where is it? Mr. Mulvena: Well, we have something that I think will be better than a document, J.L., that we'd like... Mr. Plummer: Yes, a check. Mayor Suarez: Try him, try him. Mr. Mulvena: Well... 115 May 19, 1988 Y ORS e / �4cti lob, cITY COMMISSION UENDA MEETINC, DATE May 19, 1988 PAGE NO 8 THIS ITEM AFTER 5:00 PM P2-6. SECOND READING ORDINANCE - (J-88-04) ZONINu ATLAS AMD APPLICANTS)/OWNER(S): James G. Robertson 25 SE 2 Street #415 ATTORNEY Jack R. Rice, Jr., Esq 2424 NW 1 Street PROPERTY ADDRESS(ES) : Approx 2785-2855 Tigertail Avenue and Approx 3241-3299 Mary St PETITION : Ord 9500 atlas change from RG-2/5 with an SPI-3 overlay to RG-2/6 retaining the SPI-3 overlay. Planning Department Recommends : DENIAL Zoning Board Recommends : DENIAL, 6-3 Date First Reading : Apr 28, 1988 Moved : Comm Plummer Second . Comm Dawkins Vote . Unanimous NOTE: This is a companion item to item PZ-7. THIS ITEM AFTER 5:00 PM PZ-'. RESOLUTION - [J-88-05(a) 8 J-88-05(b)J APPEAL BY APPLICANT APPLICANTS)/OWNER($): James G. Robertson 25 SE 2 Street #415 ATTORNEY Jack R. Rice, Jr., Esq. 2424 NW 1 Street PROPERTY ADDRESS(ES) : Approx 2815 Tigertail Ave PETITION : Review of the Zoning Board's decision to deny the Variance to permit a 7- story residential apartment building on above site, as per plans on file, with a maximum height of 59.99' (40' maximum allowed); and subject to approval by the City Commission of a Change of Zoning from RG-2/5 General Residential to RG-2/6 General Residential and maintaining the SPI-3 overlay district; zoned RG-2/5 General Residential and SPI-3 Coconut Grove Major Street Overlay District. (Continued on next page) ORDINANCE 10441 MOVED: DAWKINS SECOND: PLUMMER ABSENT: DE YURRE "Although absent during roll c?Il, Comm. DE YURRE rtgjested of the Clerk to ja shown as voting YES of the motion." APPEAL GRANTED (REVERSE ZONING BOARD) R-88-474 MOVED: KENNEDY SECOND: PLUMMER ABSENT: DE YURRE "Although absent during roll I'll. rnmm _ M. YTIRRF. r_gae:ted Gf the Clerk to h� Sho►vn as voting YES t •e nation. w tr or W �Q, y �°froF►c!i . .......... . CITY COMMISSION AGEMnA MEETING DATE May 19. 1988 PAGE NO 9 Planning Department Recommends: DENIAL Zoning Board DENIED, 6-3 PROPONENTS present at meeting Twenty-five D-P—PDNENTS present at meeting One Mail replies AGAINST Four Date(s) continued Jan 28, Feb 25, Mar 24, 8 Apr 28, 1988 NOTE: Revised plans dated March 12, 19BB, have been submitted by applicant with maximum height of 49.0 feet. NOTE: This is a companion item to iteu PZ-6. THIS ITEM AFTER 5:00 PM r1-E. SECOND READING ORDINANCE - (J-88-270) W AMI COMPREHENSIVE NEIGHBORHOOD PLAN AMD APPLICANT($)/OWNER(S): Lamar, Inc. c/o Loida Alfonso President/Director 4402 NW 2 Street ATTORNEY : Simon Ferro, Esq. 999 Ponce de Leon Blvd. Suite 1150 Coral Gables PROPERTY ADDRESS(ES) : Approx 829-833 SW 29 Avenue and Approx 829 SW 28 Avenue PETITION : Consideration of amending the Miami Comprehensive Neighborhood Plan (September, 1985) and Addenda, as amended, by changing the plan designation of the subject property from Moderate High Density Residential to Commercial -Residential. Planning Department Recommends : DENIAL Planning Advisory Board Recommends: APPROVAL, 8-0 Date First Reading : Apr 28, 1988 Moved : Comm Plummer Second : Comm Kennedy Vote : Unanimous NOTE: This is a companion item to iteu PZ-9. CONTINUED BY M-88-485 MOVED: KENNEDY SECOND: DAWKINS UNANIMOUS PZm7 ZONING FACT SHEET LOCATION/LEGAL Approximately 2815 Tigertail Avenue Lots 40 and 41 less SE'ly 5' CORNELIA M. DAY SUB.(3-16) P.R.O.C. APPLICANT/OWNER James G. Robertson 25 SW 2 Avenue Miami, Florida 33131 Phone f 373-5711 Jack R. Rice Jr., 2424 NW 1 Street Miami, Florida 33125 (Power of Attorney) Pbono �+ .643-0210 ZONING RG-2/5 General Residential and SPI-3 Coconut Grove Major Streets Overlay District. REQUEST Variance from drdinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 15, Section 1530, Subsection 1533.3 Special Height Limits to allow a 7-story residential apartment building on above site, as per plans on file, with a maximum height of 59.99' (40' maximum allowed); and subject to approval by the City Commission of a Change of Zoning from RG- 2/5 General Residential to RG-2/6- General Residential and maintaining the SPI-3 overlay district. RECOMMENDATIONS PLANNING DEPARTMENT DE_. There is no hardship to justify the requested variance. No special conditions and circumstances exist which are peculiar to the land or building involved and which are not applicable to other lands in the same zoning district. The alleged economic hardship based on the unusual shape of the land which, according to the petitioner, does not permit an economical feasible building, is no acceptable. The special conditions and circumstances are a direct result from the actions of the petitioner. Granting the variance requested will confer on the petitioner a special privilege that is denied by the Zoning Ordinance to other lands in the same zoning district. The grant of the variance will not be in harmony with the general intent and purpose of the Zoning Ordinance; the SPI-3 district designation limits the height to 40 feet. It is one of the intents of this district to protect against inappropriate height. 88-474, PUBLIC R'ORKS The sanitary sewer system does have sufficient capacity to serve these two lots if the change of toning request is approvea. However, if the remainaer of the RG4/5 area was rezoneo ano reoevelocea RG-2/6, the sanitary sewer system design capacity would be exceeoeo. DADE COUNTY PUBLIC WORKS No objections. ZONING BOARD At its meeting of Dece®er 7, 1987, the Zoning Board adopted Resolution Z9 121-87 by a 6 to 3 vote,danying the above. Twenty-five proponents and one opponent were present at the meeting. Four objections were received by mail. APPEAL Letter from applicant dated December 9, 1987. CITY COMMISSION At its meeting of January 28, 1988, the City Com- mission continued the above, and scheduled a work- shop on February 16th for applicant and objectors. At its meeting of February 25, 1988, the City Commission continued the above to its meeting of March 24, 1988. NOTE: Revised plans dated March 129 1988, have been submitted by applicant with maximum height of 49.0 feet. At its meeting of March 24, 1988, the City Commission continued the above to its meeting of April 28, 1988. At its meeting of April 28, 1988, the City Commission continued the above to its meeting of May 19, 1988. HISTORY Zonina Board Meeting 7/20/67 REQUEST Change of Zoning from R6-2/5, Gmeial Residential with SPI-3 overlay, to RO-3/6, Residential -Office with SPI-3 overlay. PLANNING DEPARTMENT Denial. ZONING BOARD Deferred • by Resolution ZB 89-87 at the applicant's request. 88-4'74 T GEMIN I ZIPPING � IR�NEZ '�- DMA Mot act so so so Its PROD� y IN 10~ 2, 3iWQ 6 Z7 13 I. N 12 •� 0 300 ® 7 2 ! 2 a 6 2 LJ 21�D Z ~ 'RGHfoo` 20 24 cc i0 25 e W " , 2e 17 ~ 2 3 C s 2; t6 W 3 2All „s A i V se 2 -so l" IS o AVE.. =o jr 23 Aso so I . ' 30 ; 55154 / —s % P To A. 3 I I 23 3 bt �' 32 t! 7i �A 4 33 a , '�► S Rti I 34 a a ROVE �� 1 RA A" 42 6 '. TR S .�, 44 d O ONA so 21 ' A.. 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FLORIDA 33135 8.6816 N.W elwST StwlCT HAND -DELIVERED City of Miami Planning and Zoning Board Ms. Gloria Fox, Director Adminstration Department, 2nd floor 275 N. W. 2nd Street Miami, Florida 33125 Re: NOTICE OF" 'APPEAL Lots 40 and 41 less Southeasterly 5 feet CORNELIA 11. DAY SUB. (3-16) Public Records of Dade County, Florida, from a denial of variance by the Miami Zoning Board from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 15, Section 1530, Subsection 1533.3 Special Height Limits to allow a 7-story residential apartment building on above site, as per plans on file, with a maximum height of 59.99' (40' maximum allowed). (Denied -December 7, 1987) Dear Ms. Fox: The undersigned, on behalf of James G. Robertson, as his legal representative and -attorney -in -fact, takes an appeal from the above described action of the Planning and Zoning Board of the City of Miami in denying the variance as above described, and appeals same to the City Commission of the City of Miami as provided in Article 32 of the City of Miami. Zoning Ordinance. The undersigned has heretofore paid the required fee for an appeal authorized by said section to the City of 14iami Planning and Zoning Board. Please advise as to the date and time of the hearing on this appeal to the above mailing address, post office box etc. Your prompt attention to this matter will be appreciated. Very truly yours, Jack R. ' Rice, Jr .' ..•� Authorized Agent, attorney. and attorney -in -fact for James G. Robertson, owner. JRR/fr cc: James G. Robertson Sergio Rodriguez, Director 98-4'74 /,1 Planning Department 6112 PETITION FOR VARIANCE File Number V-M. A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, literal enforcement of this ordinance would result in unnecessary and undue hardship on the property. As used in Ws ordinance, a variance is authorised only for height, area, size of structure, dimensions of yards and other open spaces and off street aari^Rg or loading requirements. (Section 3101) I, ,TACK • R. RICE, JR. hereby petition the City of Miami Zoning Board or a variance from the terms of the "Zoning Ordinance of the City of Miami," affecting property located at 2.795-2800 Ticertail Avenue Miami, as specif ied below. 33133 In support of this application, the following material is submitted with this application: X 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. x 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc, building elevations and dimensions and computations of lot area (gross cnd net), building spacing, LUI ratios, and height envelope. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4a83, attach to application). x 4. Certified list of owners of real esTare within 375' radius from the outside boundaries of property covered by this application. (Form 6-83 and attach to application.) S. At least two photographs that snow the entire property (long arJ improvements). 6. Other (Specify) _ 7. Fee of $_ to apply toward the cost of processing, based of the following (a) RS, RG-1 $100.00 (b) For penetration of Plane III by antennas and the like $300.00 (c) All other applications for each request variance $0.03 per sq.ft. of floor area of building(s) from the ordinance minimum - $300.00 (d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $5C0.00; to by refunded if there is no appeal. (City Code - Section 62-61) . . . _ .. . 9R"4 74 MO 1 ARTICLE XV 8. The Variance requested is for relief from the provisions of/Section 1533. 3 andof �— the City of Miami Zoning Ordinance as follows% lbu Variance from Section 1530-SPI-3 Coconut Grove Major Street Overlay District. Variance from Section 1533.3- Special height limit, maximum height permitted 40 feet, proposing 59.99 feet. 9. 1n support of this application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance: Note: This application cannot be accepted for Zoning Board action unless all of the following sir items are completed. (c) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the some zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) This application for variance is requested in conjunction with an application for a change of zoning having been heretofore filed. The entire tract, of which the above parcel is a part, is of an unusual shape as the entire tract is located on a corner extending in a triangular shape, 632 feet on Tigertail Avenue and approximately �-- 307 feet on Mary Street and provides for a gross lot area which includes one-half of the adjoining -street. This unusual large street area is not available for liveability purposes. The site, which is the subiect matter of this variance and upon which the proposed new building will be constructed, -is unusual in shape (lots 40 and 41), having a street frontage of 100 feet; 101.65 feet on the Southeast side lot line and 215.53 feet Northeast lot line, and a wedgge shave rear lot line ajoining the two sides of 150 feet. ( C0NTI118f D.QN ADD;TIONAL SHEET) . e special conditions and circumstances do not. result from the actions of the petitioner in that: The unusual shape of the lots, the dimensions as outlined above, does not provide for an adequate, reasonable and suitable use of the property and prevents its development. The existing regulations are so severe that the applicant can not adequately develop the property The development of properties in close proximity and adjoining the tract to be rezoned, have been developed in a manner that does not comply with the present zoning ordinance. 99-474 /4 eN �. W Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: Existing development of near by properties, supra, exceed the height limitation of that imposed upon applicant. The existing zoning does not allow a suitable use of the property. The property being rezoned by the applicant does not meet the existing off street parking requirements of the zoning ordinance. There is a need to provide - additional off street parking in the area as the parking availability is minimal. The proposed new structure will provide off street parking in excess of that required for the buildings existing on the tract to be rezoned and the new structure. The building has, in fact, been designed to provide much needed excess parking for the area. The existing zoning regulations are so severe that the applicant can not adequately develop the property. _` (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the some zoning district in that. The adjoining properties exceed the height limitations of the ordinance and are in excess of 60 feet and the height is in excess of that imposed upon the applicant's property. Structures in the area exceed the height permitted under the zoning applied to applicant's property. Had the property not been included in the SPI-3 Overlay Distric- there would be no need for a variance for applicant's property. (a) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: The requested variance is the only adequate remedy for which the applicant can develop his property. The vacant property can not be developed under the limitations as provided in the existing zoning regulations. The applicant has a hardshpn as to the unusual shape of the lot and the amount of street frontage that can not be computed for the useable land in the development of the site. The prouerty can not be developed unless the variance is granted as requested. The fact that the property is located in a SPI-3 overlay district necessitates this request for the variance. The building has been designed to provide much needed excess parking for the area requiring an increase in the height of the building. Rfl^474 /6- ,r", 11"1 (f) The grant of the variance will be in harmony with the general intent c purpose of the Zoning Ordinance, and will not be injurious to ! neighborhood, or otherwise detrimental to the public welfare. The proposed new building will be in conformity with the surrounding useage and is compatible with the area. The intensity factor has been changed from that imposed on the property containi: the existing structures and the property being rezoned. The proposed new construction will provide additional off street parki. to upgrade parking requirements of the existing structures. There is no other variance required for the development of the property or in the rezoning of the adjoining tracts owned by applicant. See Note: All documents, reports, studies, eshibits or other written or supr submitted to the Zoning Board shell: be submitted with this application. graphic materiel La Signature / Autn rizea A e. .-JACK RICE, JR., A�torney� for Ow Nome Address 2424 N. W. First Street Miami, Florida 33125 STATE OF FLORIDA. ). SS: COUNTY OF DADE ) JACK R. RICE, JR. being duly swarm, deposes c says that he is the Autnorized Agent ofOwner) of the real property descr ii-ed answer to question # i, above; thnt he has read the foregoing answers and that the same c true and complete; and (if acting as agent for owner) that he has authority to execute t! petition on behalf of the owner. SWORN TO AND SUBSCRIBED before me this &,p7% day. of September'-'1987 . MY COMMISSION EXPIRES: ''•'9i:::TATI OF FLORIDA JACK R. RICE/ JR. Notary Public, State of Flaritz at Large EAL Form 1-83 AS-4'74 /6 9.(a) Continued. The unusual shape of the lots 40 and 41 does not permit adequate area for the construction of an economical feasible building meeting the requirements of the Code and prevents the applicant from properly developing the property. A variance is necessary in order for the applicant to improve the property by construction of a new building on the vacant lots with a minimum height of 59.99 feet. The existing size and shape of the property does not provide a reasonable, suitable use of the property without granting the requested variance. Immediately to the northeast and butting the property to be rezoned is a six -story condo of 60 units in excess of 60 feet7i"n— heiaht. -Immediately-to the west of the property to be rezoned on Mary Street is an existing office building 61 feet in height. There are other buildings in the area that exceed the existing height limitations as imposed on the subject site. It is unreasonable to develop applicant's property with a new structure with a height less than that located on the east and west sides of applicant's trade supra. The new proposed structure would meet all other requirements of liveability space, however, a variance is required for the height of the building. This request for a variance has been filed with a petition to rezone the entire tract of which lots 40 and 41 are a part. The proposed new structure on the vacant lots will provide an aesthetic, pleasing addition to the area and permit the development of the land commensurate with the surrounding properties. The unusual size and shape of the property is such that the applicant is denied all beneficial use of his land under the existing zoning restrictions and the circumstances relating to the request for a variance is the result peculiarly to the land itself. EVIDENCE: Architectural drawings, building plans, surveys, site plans, photographs of the subject property, adjoining property, office buildings.and residential buildings in the area, feasible testimony, zoning analysis, parking layout. 88-47 • STATE OF FLORIDA ) SS: COUNTY OF DADE ) JACK R. RICE, JR., being duly sworn, deposes and says that he is the Attorney for Owner of the real property described in this Amended Statement as to why the Proposed Zoning Designation is Appropriate dated October 20th, 1987; that he has read the same and that it is true and complete; and that he has authzrity to execute this Statement on behalf of the owner. SWORN TO AND SUBSCRIBED '.................. � _ _ •--�.':._ ( SEAL ) before me this 20th ,JACK R. RICE, JR. / day of October, 1987. J Notary Public, State of Florida My commission expires: 33221 A8-4'74 /� STATE OF FI.Ci.A ) AFFIDAVIT SS. OCIIJNTSC OF DADE ) Before cre, the urdersigred authority, this day personally appeared JACK R. RICE, • JR. , who being by me first duly sworn. • upon oath, deposes and says: 1. That he is the a mz:;xzaxfe legal representative of the owner, submttirg the acc ' ng application for a public heaxting as required by Ordinance No. 9500 0£ the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their Rill and cczp late pe^zissicn for him to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the acccapar*mng petition. 3. That the pages attached hereto and made a part of this affidavit contain the =rrent names, mailing addresses, phone numbers and legal descriptions for the real property which ne is the owner or legal representative. k. 1he facts -as represented in the application and doctzrents sW=tted in conjunction with this affidavit are true and correct. • Further Affiant sayeth not. Sworn to and Subscribed before me thiL&e, day of semt� e= 9_ Notary Public, State of - Florida at Lazge My Ccmrission Expires: L� (SEAL) JACK Rim F. , , No. As—a7n Iq A OWNER'S LIST Owner's Name James G. Robertson Mailing Address 25 S.E. 2nd Avenue, #415, Miami, FL 33131 Telephone Number (305) 373-5711 . Legal Description: Lots 40 and 41, CORNELIA N.;. DAY's SUBDIVISION., according to the Plat thereof as recorded in Plat Book 3 at Pace lo, less the southeasterly 5 feet thereof, Public records Dade County, Florida. Owner's Nane Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description_ Any other real estate property (by.corporation, partnership or site is listed as follows: Street Address owned individually, jointly, or severally privately) within 375' of -the subject 2785 — 2855 Tigertail Avenue Miami. Florida 33133 Street Address 3200 M- ry Street Miami, Florida 33133 Street Address 2843 S. Bayshore Drive Miami, Florida 33133 Legal Descriotion Lots 35, 36, 37, and 38; less the West 5 feet thereof; zogetner With. Lots 39, 42, 43, and 44; less the Southeasterly 5 feet thereof; CORNELIA X DAY'S_SUBDIVISION, PB3/16, Public Records Dade County, Florida Legal Descriotion S74 ft of E 150 Ft Lot 1 & N 24 ft of E 150 Ft of Lot 2 & N 50 ft of E 150 Ft Lot 1 Legal Descriotion P1-F, Grove Towers Condo Disc. Jamestown.Center, All the Tract A, PB111/89. FW 0 0 98-474 C�o DISCLLSURE OF C%MERSHIP 1. Legal description and street address of subject real property: 2795-2800 Tigertail Avenue, Coconut Grove, Miami, FL 33133 Lots 40 and 41, CORNELIA M. DAY'S SUBDIVISION, according to the Plat thereof as recorded in PB 3, page 16, less the southeasterly 5 feet thereof, Public Records Dade County, Florida 2. Owner(s) of subject real pr- rty and percentage of ownership. Note: City of Miami Ordinance No. 9419 recuires disclosure of all parties having a financial interest, either direct or indirect, in the suoject matter of a presentation, request or petition to the City Commission. Accordingly, question W12 reouires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. James G. Robertson, 25 S. E. 2nd Avenue, #415, Miami, FL 33131 100% interest 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. 2785-2855 Tigertail Avenue Lots 35, 36, 37 and 38; less the West miami, Florida 33133 5 feet thereof; together with Lots 39, 42, 43 and 44; less the Southeasterly 5 feet thereof; CORNELIA M. DAY'S SUB- DIVISION, PB3 / 16 , Public Re....rdw- Dade Ccl_.^.t j' 3200 Mary Street, Miami S74 ft of E 150 ft lot 1 & N 24 ft of E 150 Florida 33133 ft of'Lot 2 & N 50 ft of E 150 Ft Lot 1 2843 S. Bayshore Drive .•.P1-F, Grove Towers Condo Disc. Jamestown Miami, Florida 33133 Center, All the Tract A, PB11 3dxq& A=&gEY FOR.OWNER JACK R. RICE, JR, STATE OF FL=A ) SS: CO[NPF OF DARE ) JACK R. RICE, JR. , being duly sworn, deposes and says that ne is the (ema rr. ( Attorney for Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the sane are true and oonplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership fora on behalf of the owner. r�SEAL) me JACK Ft. .ItE, JR.� SHOM 10 AM SUBSCRIBED before me tni.s3nx% day rotary Pue ic, State -or Florida at Large MY COC+MS= E MUMS : IIU (over) N STATE OF FMPJDA ) SS: COCib'IY OF =E ) JACK 111. PILE, J ► being duly sworn, deposes and says that ne is the dray appointea attorney of James G . obertson the owner of the real property aescriDea in answer to question si, acvve; that he has read the for egoing 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. (Name) " JACK R. RICE, JZ. / Sk+I1F�v 70 AMSOESCFtIBED ✓/ before we this..:.,y/, day ofSeutember 1987 Notary P= sc, State or Florida at Large MY COM USSIM MIMS: OM/wpc/ab/025 P38-474 a