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Home My WebLink AboutR-88-0186J-88-89(a) 1/11/88 RESOLUTION NO. FA-186. 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 4 OF 6, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, TO PERMIT A REDUCTION OF THE 50 FOOT TRANSITIONAL AREA TO 20 FEET IN CONNECTION WITH THE CONSTRUCTION OF AN EXXON GAS STATION AND CONVENIENCE SHOP LOCATED AT 6075 BISCAYNE BOULEVARD, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE; ZONED CR- 2/7 COMMERCIAL RESIDENTIAL (COMMUNITY). WHEREAS, the Miami Zoning Board at its meeting of. December 21, 1987, Item 1, following an advertised hearing, adopted Resolution ZB 124-87 by a five to three (5-3) 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 4 of 6, CR-2 Commercial - Residential (Community), Transitional Uses, Structures and Requirements, to permit a reduction of the 50 foot transitional area to 20 feet in connection with the construction of an Exxon Gas Station and convenience shop located at 6075 Biscayne Boulevard, Miami, Florida, more particularly described as Lots 15, 16 and 17 less right-of-way and unplatted portion of land lying south, revised and amended Plat of portions of WHITE'S LEMON CITY, as recorded in Plat Book 44 at Page 7 of the Public Records of Dade County, Florida, as per plans on file; Zoned CR-2/7 Commercial Residential (Community); 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 does not meet the applicable requirements in Zoning Ordinance No. 95001 as amended; _ CITY COMMISSION MEETING OF FEB 25 11988 TION No. R�--�C36 S. a 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 4 of 6, CR-2 Commercial -Residential (Community), Transitional Uses, Structures and Requirements, to permit a reduction of the 50 foot transitional area to 20 feet in connection with the construction of an Exxon Gas Station and convenience shop located at 6075 Biscayne Boulevard, Miami, Florida, more particularly described as Lots 15, 16 and 17 less right-of-way and unplatted portion of land lying south, revised and amended Plat of portions of WHITE'S LEMON CITY, as recorded in Plat Book 44 at Page 7 of the Public Records of Dade County, Florida, as per plans on file; Zoned CR-2/7 Commercial Residential (Community); zoned CR-3/7 Commercial Residential (General), is hereby affirmed and the Special Exception is thus denied. PASSED AND ADOPTED this 25th day of February 1988. � a ATT�E T: 011 XAVIER L. S EZ, Mayor r TTY HIRAI City Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney APP City Attorney GMM/rcl/M599 FORM AND CORRECTNESS: ,3 F p ZONING VARIANCE FOR THE EXXON STATION WE PROTEST THE GRANTING 0 AT 60TH STREET AND BISCAYNE BOULEVARD. WE FEEL THAT GRANTING rcJl�O WOULD BE DETRIMENTAL 70 THE NE I GHBORHOOD�P 7H I S VAR 1 ANCE WO �C � c)f-- f � ADDRESS NAME -77 li2 D. 5zN t'�U /If' (v'`Q�� J'-313 7 ve C��ST W I L4 c /Va 9 t .�� o 33� Sr / 5� 3s 3� 14. 1-7 t-S . '�J'Q'�111 �p�'lE G�3� �. QgYs�.e.cprKG.w.�� F►. 331 3 � f g` � %19& ti45 g 7 3 192 io lit cr � �lI v • � 14 f � H ��1 N r,J 161 ----------- THE GRANTING OF A ZONING VARIANCE FOR THE EXXON STATION WE PROTEST OTH AND B I SCAYNE BOULEVARD. WE FEEL THAT GRANTING THIS Q��tL� i AT 6 ! B DETRIMENTAL TO THE NEIGHBORHOOD,tO •� VA IANCE WOULD d AC (x �A ADDRESS !4A E :.., o el ✓ o �. r. .V ��•rus: J 1 Y 4. C; c(411V V 1� ,:—�►' , A. rvL; � � -,mac, .33(s 101 4z;70 sw (OV" I �. ? z L t�, Qv o-d h'[/j �%c�c�•r �5"h.cryPS e>3 &8 ilei 11 ot* !�-`l.3 --------- - Submitted into the public record in connection with item P? -! on -41s Sk Matty Hirai City Clerk Z -io Submitted into the public record in connection with a / item P,L- on A/2 S Matty Hirai City Clerk •N UD 40 item P7' S on Z 1 Yf ' 1 ■ PETITION'" IN OPPOSITION TO EXXON ZONING VARIANC9 • WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR 0 ALCOHOL ON BISCAYNE BOULEVARD WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRYA OUT ITS PLAN O ,Op d O WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE O T1 1 AND URGE THE CITY COMMISSION TO DENY IT • 0to Name AA d rp c c cvv—ivv 9 m d Mv, wp, �� _. VAT [o•vAr.r rLs� ""Wo M�M- A r.e.corct.. in connection wits} item on Mdtty- Hir'a'T-. C.-,jy CIL-rk---' ( M-W, �,-W AM-, Submitted into the n u!'>>ic record in connection mjth item PZ -sue" on a4.1 a?f Matty Hirai ity Clerk i PETITION IN OPPOSITION TO EXXON ZONING VARIANCE U WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR ALCOHOL ON BISCAYNE BOULEVARD WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRY . OUT ITS PLAN WE, THE UNDERSIGNED, OPPOSE THE ISSUANCAs04t*AiAftjthe public AND URGE THE CITY COMMISSION TO DENY ITxeCord in connection With item P?.=on 2- -.1 , && Matty Hirai Name Address lerk y-i N E s3 1 tom-- 3 s AB -ins: r � s 7 :. NT� Name Address -UIL? Cx-- 30 Al 6 SS %ems ZA40, . �. slf e a 0 O1.4 �. _ o o C. o j Y i Y 1 J i } 4 4 4 T sC PETITION IN OPPOSITION TO EXXON ZONING VARIANCE WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR. ' ALCOHOL ON BISCAYNE BOULEVARD m 0 g O WHEREAS A SETBACK 'VARIANCE IS NECESSARY FOR EXXON TO CARRY pr, �. OUT ITS PLAN N �• a v� 0o ... WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE O m AND URGE THE CITY COMMISSION TO DENY IT Q o lr 0 'C7 ty Name Address `��Cl i 1 t I L t,. �. �l /lr. G J�•SrTiZ/ .'�� % lil/ 17 �' �z-r,a f,'-�� AddressName`I. _ e pp / n S+ / 2!V If / A)-E 1 5 r i f • T CyVC' �l C. e� � A za-31 3 7 Submitted into the public record in conr_ection with item atty H.Yai City r �4 ;T) Rit ' r •�` ` c r q , Is PETITION" OPPOSITION IN TO EXXON ZONING VARIANCE WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR ALCOHOL ON BISCAYNE BOULEVARD 8 .0 WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRY OUT ITS PLAN "� rL WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE AND URGE THE CITY COMMISSION TO DENY IT ti 0 Q o m Name Address pq A Ps N6 ss r rr. Name Address Z S . f. C,f, .07 -72 7.2 7. Submitted into the public record in connection with i item - 5 on '1 LL •L .L • Cii y C!erk A8-186_ - b ■ P ION IN OPPOSITION TO EXXON ZONIN VARIANCE WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR ,ALCOHOL ON BISCAYNE BOULEVARD � 8 to WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRY 15 O OUT ITS PLAN -o 9L N �• 0 F. WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE : �. AND URGE THE CITY COMMISSION TO DENY IT n r-. �' •p 0 r, Name Address x 0 AIC i�7Z JP V I, YI J s C Name Address LIT At z �jFrflAL Arirm-ft 0 llx- Iwo ty lit Owl t )VA 710 t=d cr -Al T ■ OPPOSITION TO EXXON ZONING VARIANCE WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FCC n ALCOHOL ON BISCAYNE BOULEVARD 0 a WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRY �. OUT ITS PLAN N 0 0 7 WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE i AND URGE THE CITY COMMISSION TO DENY IT �: Q•� ;� Name Address r'?• 5k Name Address 0!el`JWAMFELW1-RNF-P—MV/FMBS UA�: �t - ROM L�.� Ste- X r7 ol Sutrrifl�;i into ili;; u' record in corn-cJion item Z - 5 on a. L12 Matter Hirai City er �38-186: T q l 1_ t i 2= i µy. a Name Address S Submittcd into the j7ui_)iic record in conncction vvilh (� 2 - 5 on �-1 a 5 item logMQIty HAM" r F � -t PETITION OPPOSITION EXXON VAR zc IAN IN TO ING E WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR ... ALCOHOL ON BISCAYNE BOULEVARD @-I t p •O WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRY OUT ITS PLAN a (OrN o, WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE 0 0 AND URGE THE CITY COMMISSION TO DENY IT n 0 w tr Name Address I PkjTl ION4 IN OPPOSITION TO EXXON ZONING VARIANCE WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE _ STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD — WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR ALCOHOL ON BISCAYNE BOULEVARDCn • y tD WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRY 0 OUT ITS PLAN p, WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE AND URGE THE CITY COMMISSION TO DENY IT Name Address M V 0 a. �. O :z O m (D R o 1 w A i Pk, rITloF,, OPPOSITION N TO EXXON ZONING VARIANCE WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITs AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD Cn WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR ALCOHOL ON BISCAYNE BOULEVARD WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRY 0 a OUT ITS PLAN �'1 o �• O 0 O n WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE C O AND URGE THE CITY COMMISSION TO DENY IT ti 0 Name Address '� A -c 6c/L/l Isin .�i t .�r��rcl •c-�f • ' f i' A K�4 NtA Name Address on s '7 r,/F ST- Ccwrlz Mi. ,� _.A . . - J %e J i sr 5�17 A8-il96- � 7 i - NamA Address .��. wt L , Submitiod into the public record in cc - .,an ,c'.ion with itl Matty Hirai Glefit t. PETI ION IN OPPOSITION TO EXXON ZONING VARIANCE WHEREAS EXXON HAS PROPOSED TO REMOVE THEIR EXISTING SERVICE STATION FROM 61 STREET AND BISCAYNE BOULEVARD WHEREAS EXXON HAS PROPOSED TO REPLACE THIS NEEDED SERVICE STATION WITH A CONVENIENCE STORE AND SELF-SERVICE GASOLINE OPERATION WHEREAS BISCAYNE BOULEVARD HAS AN ABUNDANCE OF SUCH OPERATIONS WHICH ATTRACT CRIMINAL ACTIVITY AND OFFER VAGRANTS A REASON FOR LOITERING ON BISCAYNE BOULEVARD WHEREAS EXXON INTENDS ON PROVIDING YET ANOTHER OUTLET FOR i ALCOHOL ON BISCAYNE BOULEVARD p tHD g O WHEREAS A SETBACK VARIANCE IS NECESSARY FOR EXXON TO CARRY .o 1 OUT ITS PLAN N CL WE, THE UNDERSIGNED, OPPOSE THE ISSUANCE OF A VARIANCE 0 O AND URGE THE CITY COMMISSION TO DENY IT �. p O c� r cv x ;L. %Name _ Address' °� n A/z -r76 �r n 1-Jl STAN go f?_�owr Name Address > c. -� 31 R v 19,0 414i-�.j 5 36 -71 -7 ,i no 'Im e- &i (I Ito- J �, .. I §Lubmitted into the Duos orc in connection with Matty Hirai i7Y=e r k Name Address ram,", de. /. yrlje- Ss sr" Submitted into the — record in connection x riih item P 2- - s� on Matly hilci.'. .I U yr' w i Pt-5 ZONING FACT SHFFT LOCATION/LEGAL 6075 Biscayne Boulevard Lots 15, 16 and 17 less right-of-way and unplatted portion of land lying south REVISED AND AMENDED PLAT OF PORTIONS OF WHITE'S LEMON CITY (44-7) P.R.D.C. APPLICANT/OWNER Exxon Corporation c/o C.D. Stevens P.O. Box 4415 Houston, TX 77210 Phone # (713) 656-7888 Consul -Tech Engineering,, Inc. c/o Steve Kirk 3661 W. Oakland Park Blvd. Suite 308 Ft. Lauderdale, FL 33311 Phone # 485-2326 ZONING CR-2/7 Commercial -Residential (Community) REQUEST Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 4 of 6, CR-2 Commercial -Residential (Community) , Transitional Uses, Structures and Requirements, to permit a reduction of the 50' transitional area to 20' in connection with the construction of an Exxon Gas Station and convenience shop on above site, as per plans on file. RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL .- v.. V.. 1.- V./ 111 .Y I I...i. 1 . e 5pecial Exception as request o ows e intent of Zoning Ordinance 9500. The proposed twenty feet (201 landscaped area is acceptable as an appropriate buffer. This is a remedial measure in order to avoid any detrimental impact that could be created as a result of the reduction of the required transitional area. It is the Planning Department's recommendation also, that in order to provide a more meaningful aesthetically pleasing screen, the twenty feet (20') heavy landscaped buffer should be extended to the south property line,, facing NE 60th Street, blocking the proposed entrance from said street. In addition, the four (d) -offstreet parking spaces provided should be redesigned in order to avoid any parking conflict with the aumpster area and the air and water services area. PUBLIC WORKS Require the dedication of the west 10' of Lot 17 and a 25' radius return at the intersection of Biscayne Boulevard and NE 61 Street. DADE COUNTY PUBLIC WORKS No objections. Florida Department of Transportation permit required for driveway cuts on Biscayne Blvd. ZONING BOARD At its meeting of November 2, 1987 the Zoning Board adopted Resolution ZB 118-87 by a 9 to 0 vote deferring the item for applicant to meet with neighbors. At its meeting of December 21, 1987, the Zoning Board adopted Resolution ZB 124-87 by a 5 to 3 vote denying the above. Three proponents and thirty-two opponents were present at the meeting. Four objections were received by mail. APPEAL Letter from attorney dated December 29, 1987. CITY COMMISSION At its meeting of January 28, 1988, the City Commission -continued the above to its meeting February 25, 1988. a ss-iss. N.E. - 64To 1 2 3� . s• 7 « 9 1 1a � . 9 �� Q 25 24 23 22 21 20 19 is It 1• 14 lom N.E . 63 . S T. , 15 1 a] 40 11 2 3• • sL • 9 10 1 12 13 i,jJ 10 Z — Z• Z4 23 22 21 20 19 1e 17 Is KEA2 Q ST. • • 40 s 6 �` 5 t. 2 3 4 s 11 7• 1' 1 12 13 U s N.E. 6 Z - 1 7 • 9 10 1 12 13 14 It56? 1. 1 s• Sb IL 3. 59 60 1 62 63 i I 2 3 r t5 7 7. 79 •V �o c so « .. �� p GA7, A E. 61 5 T �±►� O 4lIENOEi 2�+T g 26 2r su - 23 t 21 EC le 14 la MA, +o` '� E — 3 E •s 6 7 so � �� ss s� "e• ST. - - _ 10 130 p 12 • I: , - 440 J 2 0 60 d 7 1 i • • ' '�6 �`_ 6 ° T o v1 10 •ate° '9 �' pAL 4 15 e 6 4 19N- i •o O — 3 16 • j 20 g , 12 ;- us 14 • 6J9 bt YOE N sue S T. 59 4/N.E. - -- - w �►� 106 ^�7 10 I1 12 1 2 2 3 12 Zu 11 /2/0 AS 13, 14 .. ��, �y '�j o I• e 17 1e is 14 1b� ` '► AP G-28 1 _ item # z �38-1f36 6U75 3iscayne Blvd.NE. v RA r C. !y a•► - J.E. ST, Al 61 do ST ST . I,L+, - . _.,...T.,ea 1 S r �� ,� ► �' 7`• s... i S f/ti is` 1 . < =l60 � I 171 06 E; 60 St ,�.�'► Jj s I A' ., i ^��i Lim - .'� ". �i:•" ' ••,�i ' ' r ,,�w '�. juyC die ", � • I ;'�� Y ire At Cj ZB 11/2/87 AS 13, 14 AP Q-2U - i Iteas # 2 t� • ._ 6075 Biscayne Blvd F'8-i8s 4 0 RUDE•', BARNE"! reaMa T aDAMs w wTNDMaM oevaR. ,iR MAmRIG G ARetLMAI. ROGteT 0. aMaine% CLAUO[ G. ARRIMGTO% ROGER" as GOLDMAN .Cc"* AUSTIN GLENN a OOLOSTti% LaNCe M Banco SRUCe a. GOODMAN EKIOTf G GAm,lt7T Gmuce O GCXWLA%D 491Irllav M Seca SCOTT R GORELICK d0%aTMa14 D GtlO►r YAR,Ir GRANT R:N ICMARO [ GtwfSTe VaM M OnttosGAUM .lamas a 0LOG{Cw CAROL a OUNO[I. "Mom&% n. SOL► vmomAS ► GUST•►GON LAWRENCE C CALLAMA.. a Daft M[LL[R ANONCA a CMOOORow JONATmAN A MEN.aR a GAMNON M. coca SM{nsh R „aLLtR VAT11111C•A a COwa*T Kansas?" a. MO►►Ma„ sUSa.1 0 RLG[T aLLeN R 1ThtR GaNMg" ►ALA GET" R ,,OSaeM 4OM011 L VAeaUMAR TMOMAS O. RATE .IACa O r.NReLMAN ALAN C RAUrFMAa1 MRON a roosaNCR mARGAOCT.RAT ■[„RtR a ILL G 'assistant 10"Voy A ROAMCR SCOTT • ►u{eGT MIcMAtL M RRUL 0[9015[ .1 Dank CM0111TIN9 C. Let MELINDA 0. GENTILE wlLllAla .,. LelRowiTs JArts a GEORGE JOAN I LIaGanaah MIAMIIOOMINTOWN CrIFICt ONE SISCAVNa tO1R{0 . SUITE SCSO a SOU*M GI{CATNe GOULtvano ,.iAMI rLoohea Salt$ 13091370.0868 MIAMI G[ACM Or/lCt aIOMTM ►Loop 1111 LINCOLN ROAD MALL muYl G%ACM. FLORIDA 3313E 13051 d73 • uoO OYINcT 011ict all CAST itrrtRGON STRaaT ou1NCv. P6901DA anal (9041027 • EDDY December 29, 1987 MCCLOSKY, SMITH. SCHU5 ATTORNEYS AT LAW 800 GPICKELL AVENUE • SUITE 700 MIAM1. rLORIDA 33131 (305) 374• 2aoo SROWARD LINE 764.5033 TELECORIER 757.0953 •ELEx 441.372 Miami Zoning Board 275 N. W. 2nd Street Miami, FL Att: Gloria Fox SAMUEL IN rn.tD IV07•IGt01 SIMON RUDt" I-019 •.GSTI at COUN{a► SMELDON a OuRa% W-CMA[L 0 wanNem .R & RUSSELL, P.A. LEONaRDO � Mo1MA1. CARL SCMUSTER Gone.A raNOaLRORN OERALD a se.waR-t SCOT M WARGOL rART.N a SMARI00 {Ts RMt111 D rICONN rOMN L SMI{RMaI. DONALD C MCCLasA• G-ROKTA a fI[a[L {RIAN { rCrua. fTty. - S.LVaRYaN *00011sOw C rtl.aw „a AtTtR O OLAV.s - - -eNGaRatR$ro{aRr 3La NM M Gm1Tr $WSA% R rCtLg- .ARM a ar.T. Snout- D %Ave% Samuel. { Gm�T. C ND• %Ao • M&%No. same. a SOYeR{Ta.%. MARvt• a %USSGAVr Mano a sougasTt•N atv.N OaRac. EDWIN r {TACatR as1TM aLIN as RT • ST.R.IAM. JOLT . 061VtR .AYES MAmOLD TMD..RGON DAVID r Om{Mt►S.• matte L ♦U%.S jOMN M RslteR Ga*To% { UO[LL Gell„DA RLUTta, GARRET" N W[INGteG [R Can. A ROCCOTA DAVID A wel,iTRaus m.CMa[L { RO{{ RICaT d wtl{i TteRSNCt SU{SELL DO%ALO C wOmRS.ID .II,.. SALL•RRITcMARD Raul& tt1GLER :Curve S SATTtnrItLO TAca• a GcMeaOt 8908440119 R SCMU►MAN FORT LAUDERDALE OrrlCt IIO too? GnowARo GOULtvano ROST o.rsce GOt .GOD PORT LAUDERDALE. FLORIDA 33308 13051 764.6660 COCA BATON Critics commas RLAtA . SUITE tics fat{ TowM CENTER ROAD COCA NATO%. FLORIDA 3343a•HMO (3051391.2800 *ALLAMASStt O►rice "Cosmos • Rona TOwan . suite #CIO .0. NORTM "ONROt STREET •ALLAMaG{tt. rLORICA 3820• !0041224.2032 Re: Exxon Service Station 6075 Biscayne Blvd. Dear Gloria: Please be advised that Exxon Corp. has decided to appeal the decision of the Zoning Board dated December 21, 1987 in connection with the above referenced property. Please advise of the date and time of the City Commission meeting at which the appeal will be heard. JDF:k HAND DELIVERED Sincerely, RUDEN, BAMETT) MCCLOSKYr SMITHr SCHUSTER & 99•SELL, P. A. -�v JacWD. Fipkelman -name 5 a N11 r APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL_ EXCEPTION File Number DSE-83- within the City generaUy, 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. Exxon corporation - herebyq3pliesto the City of Miami Zoning Board for approval of, check one: _ Class D Special Permit Special Exception for property located at Biscayne Blvd. & N.E. 60th St Miami. Nature of Proposed Use (Be specific) Application is for reduction of required 50' rear a thack o r Sp - z�1593.3 to permit 10' setback WOL Form i 0-83 Page I of 3 �e-yes. • I attach the following in support or explanation of this application: 1. Two surveys of the property prepared by a State of Florida Registered Land Surveyor. �.. 2. Four copies of: site plan showing (as required) property boundaries, existing and proposed structure(s), parking, landscaping, screening, etc; building elevations (if required) with dimensions and computations of lot area (gross and net), LUI ratios (open space, floor area, parking, etc.), building spacing and height envelope. See Section 2304.2.1(c). 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and attach to application.). 4. Certified list of owners of realestate within 375' rodious from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application). �. S. At least two photographs that show the entire property (land and improvements). 6. Other (Specify) .L_ 7. Fee of $ Ann _ 00 , based on following: (a) Class 300.00 (b) Special Exception $400.00 (c) Surcharge equal to applicable fee from (a) or (b) obove .got to exceed $400; to be refunded if there yip I (City Code Sect n 62-61). Exxon C Signature utnorizea A%jen* and Attorney -In -Fact Name C. Q. Stevens --,- Address P . 0. Box 4415 City, State, Zip Houston, TX 77345._ Phone (713) 656-788g - STATE OF TEXAS ) SS: COUNTY OF HARRI S ) C. D. Stevens being duly sworn, deposes ano says that he is the (authorized agent) of the real property described above; that he has read the foregoing answers and that the some are true and complete; end (if acting as agent for owner) that he has authority to execute this application form on behalf of the owner. Form 10-83 n Page 2 of 3 7 Exx or oration: (SEA►! .) Name in -fact SWORN TO AND SUBSCRIBED before me this day of — 8' Notary publicq 5tate of Texas - at Large MY COMMISSION EXPIRES: Form 10-83 g Page 3 of 3 �e-yes: Rui)EN. BARNE-I MCCLOSKY. SMITH, ScHus -.:R & RUsSELL. P.A. ATTORNEYS AT LAW reAN. T ADA»{ .(f(■ Y •wMOLO CLAVOt S ARe1NOTON Sea" a AVSTII. JOAN I @Allen LANCE » GAA(m [L4OTT @ @Aw»tw .Cermt• - Saco -ONATNAN O SLLOrr 01C.Awo a Daiwa" James, •LOsfam •-O..AS w SOLr "Ana C GV■TON L&rrwt"Ce O CALL&WAT, S A"DmcA • C-000■OW O GAMMON w COOK .ATRICIA a COWA■T CLINTON L DOVO G[M"aTT r&La ,O-N L ►AmOu"Aw -go. a rao[m JACK D IINACLMAN &&mood A rOOSANC■ 0166 S /mt[wAN RIC"A■D [ rmlE•1D DAv1D S rw01111N SCOTT a PUENS, Ot"Ist OaMt -ELINDA S atNTILt JANts w a[omat M WT"O-AM OET[■, am most" @ GOLDMAN 0 6 910N t GOLOSTt1N SwuC.A 000018aN @muC[ O OOON&AND SCOTT a OORELICA MA■A r O■ANT STEVEN M 13111EE/ISAL1r NAMCT W 0■t001mt v"OMAs r to{Ta►sON Call; PICL691111 8»9011111 a M9LLER atl."aT» s NOrrwa% tl6[N a ITCLcm s[T.. aDft.- T-OMAS O. &ATI &LAN C "urrwaN MA■D&w[I•mN REwwEw ■Ost■T • amAMtR 600 ORICKELL. AVENUE - SUITE 700 MIAMI. rLOR1OA 33131 (305) 374.2800 ORfOWARO LINE 764 • 5033 TE-ECOPIER 374.2800. EXT SG TELEX &41.372 SAMutL w rwlto 1-907 19601 s1MON mu Ot" 419's•I9671 Or COUNs[. 5N96004 a OVmtN -1C"A96 a Wewl•tR MIAMI/ DOW.ITOWN Orrict ONc slecavN[ TOWED . SVITIC 11000 C SOuf" SISCATNt SOu►CVA■O Miami. ►LORIDA 33131 (3051371.6262 MIAMI 69AC» OrTICa ale"r" ro oan 1I11 LINCOLN ROAD MALL M1awl G&AC- rLOWICA 33139 (3051673.1100 OVINCT Orrict tlo CAST da►r[mfON STREET 06111141CT rLO11110A 383s- (60&1627 L 6569 Ms. Gloria Fox City of Miami Planning and Zoning Boards Administration Department 275 N.W. 2nd Street P.O. Box 330708 Miami, Florida 33133 -'C.At. - ■Au C-m's- NE C .tC IYILL1Ar - .(ra OW.-t sane.• r.NO[LMORN scc--- -AR006 GTan-t♦ 0 "CCANN DONA.O : -:CLOG*- G&TAN s -e-VO. 9-516 -[LT- f1l{AN & rOTLC- sA-lot. 7 %AVON rAwvt•• NVfseau- ■[v1N . O Goat), .EI-- O. N Oav10 - Ons.ars•- r0-N - ■ELt[R GaLINO• &.U-t.- rIC.&t. G POS$ -[me[NCt eufa[.. r1MI GA..'.e1TC"&RD fONNIc { Aa"t■rIcLO Ca, Gt NJAWN ■ fC"VLr•N CA06 SC -us -to otm•Lo . 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TAL.&-ASSL[ r.OR-CA 383C 9041 66" S02T - Re: Exxon Corporation request for setback variance Our File No. EX9041-1 Dear Ms. Fox: This will confirm that we have amended the above captioned request for a setback variance from our original request of ten (10) feet, to an amended twenty (20) foot setback request. Thank you very much for your cooperation in this matter. Should you have any questions, please call. Sincerely, RUDEN, BANRETT,.MCCLOSKY, SMITH, SCHUST & RU ELL, P.A. JACK D-. E N JDF:lh 9 :054/lh A8-106. AFFIDAVIT • STATE OF TEXAS .) S.S. COUNTY OF HARRIS) Before me, the undersigned authority, this day personally appeared C. D. Stevens who being by rre first duly sworn, upon oath, deposes and says: 1. That he. is the owner, or the legal representative of the owner, submitting the accoupanYing application for a public hearing as required by Ordinance No. 9500 of 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 full and complete permission for him to act in their behalf for the change or tnx�:H; :atian Of a ciassL: c=i on or regulat i cari of w.nni: '% ar. ser. :-..l. in the acc-=r .3 fa% t?etition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phrme numbers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts -as represented in the application and doc=.wits submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Ex Co oration: ANNOW as 12,,'OPMy C . D . Stevens `-'--� (Name) Sworn to and Subscribed before me this _ - day of �,_ 19_,• hotsr.1 Public, State of Texas at IwZe Uky GJM'.'.ssian Expires: `�.. • .r�,.i.. �e-lss 10 OWNER'S LIST Owner's game _ Exxon Corporation mai 1 i mg Address _ ? p. r 4 y I u ��rcr•S -r e. 772►G' Telephone Number Z G56 • 7916 .cgall Description: Owner's !lane Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address . . Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is 1 i sted as follows: - gotJL • Street Address Legal Description Street Address Legal Description Street Address Legal Description f3B-186- \ DISCLGSUFE OF M-MEMIP 1. Legal description and street address of subject real property: See Attachment "A" 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of oorporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Exxon Corporation 100% See Attachment B for Corp Officers (Exxon Corp) See Attachment C for Share Holders (Exxon Corp) See Attachment D for Board of Directors (Exxon Corp) 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. A= EY FOR Qlni*;P. Edwin J. Stacker, STATE OF FLORMA ) SS: Fort Lauderdale COMM OF BROWARQ Edwin J. Stacker , being duly sworn, deposes and says that ne is the (Attorney for Owner) of the real property described in answer to question il, above; that he has read the foregoing answers and that the same are true and om plete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. SEAL) the (flaEdwin U. Stacker $WW TO AMID Sv5SCi2I8E:D before me this 6th day of October ',—I937. Wtary FOL.LCF btate of Florida at Large W CM9=1 4 E7sPM. : i pak We of ROWS My C4w=issioa 40at bug 26. 11*89 �8 pis b.a0 r.•r.:wr e«....,w.rK.. w.�. (over) 196_ �.i A Vt.. OP tG ICkrA GTKG,O. W IT14 A PO¢.T40AA of LXSrS I G cF ' P.�Ev t %Qtlo A44t) ANtria"C :D MAT, CP P0=0048 OG to W MM6 & L6W.00 C." • P.M. 6 • aZ # 66COULS • A t Jbl� CM E i � �% Q?.GvtlbQ. ) P. B . Z&, PA44M • 9" ^% SWL=000h0 rN PL^r egXbk 4A. A'r "coGGT++%CL w%TK a. 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A.N AUX.% OtBT•o "Crm CP 3Ft. 35 P6 M -M A PO#AS T' oP 'r^"aW rc t C `( w rTH TM% 6p f.T t?.1614r-oP - wr►%( I.J&IS CP eKSCA%I"Q TVQ="Crt UJA%f t-JUM oG Bt%CA.%fAM eP.%l0k. , F'OCL 15A.-AA. P6'L'M W A. 4WNT CX- cU(L%/r, j -rPJM&=M AAC)RV,^C=TIQU.). ( ALt7v JUG AGM of a cto.cj .AG. Cuavc c Qc.A.VG -M lutF %currAshAst', c Gum Wokv t "A A "Ci us OF MS.co PtHWT AAAb A crduTMA4. rW6 t is aP qor t& A.S r4OGL A.Q AQ.c Ot�T"wcs CP aa." FAT W A PSIOT CP i'A,"rw,"C%( wITFc T:6% 'SC TH QtG i�-M -Cg- t A^j vA.tWL OP ,u.E &12' WT.1 Tka"cs '.S SM0440' tS' G. -jk&rcb Scur% Q.tG14T-cr- W h l WLt6. two.. gi 38 MaT TO Tk tG Pcma"r oP eccq r A+ r AArm la '° Cesar jfio City JAI ger, room 4%cid A.-oughert City Attorney CITY OF MIAM1. FLORIDA INTEROFFICE MEMORANDUM sr DATE September 30, 1986 "" MIA-86-7 :u.JEC- Legal Opinion Enforcement of City Code Section 4-1; Ordinance No. 1014 RE/ERENCE: ENCLOSUREf This is in your response to request for a legal opinion wherein you asked substantially the following questions:. _ WHETHER TIRE PASSAGE OF CITY OF I+IIAMI ORDINANCE NO. 10144 BY THE CITY COMMISSION ON SEPTEMBER Up 1986: 1. PROHIBITS THE SALE OF ALL ALCOHOLIC OR INTOXICATING BEVERAGES AT GAS FILLING STATIONS? 11 2. NECESSITATES THE CANCELLATION OF PRBVIOOSLY GRANTED PERMITS (APPROVAL) FOR SALE OF ALCOHOLIC OR INTOXICATING BEVERAGES AT GASOLINE FILLING STATIONS? The answer to both queries is in the negative. Ordinance No. 10144 amended, inter alia, Section 4-1 of the Code of the City of Miami, Florida, ("City Code") by adopting language which prohibits the consumption of beer and 'wine, etc., at gasoline filling stations ( lling stations"). Said ordinance read in pertinent part, as follows: Section 4-1. Sale or consumption at fillinq stations prohibited. No intoxicating or alcoholic beverages of any kind or nature, including wine, beer, liquor, and ale, shall be sold or consumed at any gasoline filling station or on its premises. 88-18S. A- �J Cesar H. 04io September 30, 1986 City Manager Page Four Prepared and Approved by: o E. Maxwel A istant City Attorney JEM/db/M020 Attachments cc: Honorable Mayor, Xavier L. Suarez Honorable Vice Mayor, Miller Dawkins Honorable Commissioner Joe Carollo Honorable Commissioner J.L. Plummer Honorable Commissioner Rosario Kennedy Walter Pierce, Assistant City Manager Edith Fuentes. Director - Building a Zoning Department Joseph A. Genuardi, Zoning Administrator Juan Gonzalez, Chief Zoning Inspector es-iss. 15 Cesar H. Odio City Managefr September 30, 1986 Page Two CITY OF MIAMI, FLORIDA, Ordinance No. 10144 (September 11, 1986). (Emphasis original). r Although Ordinance No. 10144, as originally proposed, would have removed from the City Code provisions which purportedly prohibit the sale of alcoholic beverages at filling stations, the City Commission opted not to remove said prohibition, and, instead, only inacted provisions pertaining to the "consumption" of such beverages at subject locations. Footnote 1 of Ordinance No. 10144 provides that: lWords and/or figures underlined are new language and constitute the amendment. Words and/or figures stricken through are deleted. Asterisks or ..... denote language which is unchanged and continues in force, unamended. Ordinance No. 10144 did not affect prior legislation pertaining to the sale of alcoholic beverages at filling stations. It dealt sTely with the subject of consumption, not sale. Consequently, the status quo is maintained in Section 4-1 relative to the sale of such beverages. In refusing to adopt amendments to the City Code which would have deleted provisions of Section 4-1 of the City Code which prohibit the sale of intoxicating or alcoholic beverages at gasoline filling stations, the City Commission's actions only served to maintain on the books a provision which has been there since August 16, 1939. See, MIAMI, FLORIDA, ORDINANCE NO. 2161. According to a memo from then City Attorney, George F. Knox, Jr. , to then Chief of Police, Kenneth Harms, dated December 11, 1979s, the City was enjoined from enforcing Section 3-3 of the City Code which prohibited the sale of alcoholic beverages at gas stations. Said Code Section 3-3 was the predecessor to Section 4-1 of the City Code. The City Code underwent a total revision and recodification via Ordinance No. 9120 on June 26, 1980. In your request for a legal opinion which generated this response, you attached a copy of the above mentioned memorandum from City Attorney, George F. Knox to Police Chief, Harms. A flues. . 160 6 J-87-89(a) 1/I1/88 RESOLUTION NO. A RESOLUTION AFFIRMING THE QFCISION OF THE ZONING BOARD AND THEREBY DEIFYING 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 4 OF 6, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, TO PERMIT A REDUCTION OF THE 50 FOOT TRANSITIONAL AREA TO 20 FEET IN CONNECTION WITH THE CONSTRUCTION OF AN EXXON GAS STATION AND CONVENIENCE SHOP LOCATED AT 6075 BISCAYNE BOULEVARD, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE; ZONED CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY). WHEREAS, the Miami Zoning Board at its meeting of December 21, 1987, Item 1, following an advertised hearing, adopted Resolution ZB 124-87 by a five to three (5-3) vote, to deny the Special Exception, as listed in Ordinance No. 95000, as amended, the Zoning Ordinance of the City of Miami, Florida, the Schedule of District Regulations, Page 4 of 6, CR-2 Commercial - Residential (Community); Transitional Uses, Structures and Requirements, to permit a reduction of the 50 foot transitional area to 20 feet in connection with the construction of an Exxon Gas Station and convenience shop located at 6075 Biscayne -- Boulevard, Miami, Florida, more particularly described as Lots 15, 16 and 17 less right -of --way and unplatted portion of land lying south, revised and amended Plat of portions of WHITE'S LEMON CITY, as recorded in Plat Book 44 at Page 7 of the Public Records of Dade County, Florida, as per plans on filet Zoned CR-2/7 Commercial Residential (Community); and WHEREAS, the applicant has taken an appeal to the City Commission from the denial of the Special Exceptiont and WHEREAS, the City Commission after careful consideration of this matter finds that the application for a Special Exception does not meet the applicable requirements in Zoning Ordinance No. 9500, as amended; f38-il9fi l� NOWT THEREFOREr BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMIr 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 4 of 6, CR-2 Commercial -Residential (Community), Transitional Uses, Structures and Requirements, to permit a reduction of the 50 foot transitional area to 20 feet in connection with the construction of an Exxon Gas Station and convenience shop located at 6075 Biscayne Boulevard, Miami, Ploridar more particularly described as Lots 15r 16 and 17 less right-of-way and unplatted portion of land lying south, revised and amended Plat of portions of WHITE'S LEMON CITY, as recorded in Plat Book 44 at Page 7 of the Public Records of Dade Countyr Florida, as per plans on file; Zoned CR-2/7 Commercial Residential (Community);. zoned CR-3/7 Commercial Residential (General), is hereby affirmed and the Special Exception is thus denied. PASSED AND ADOPTED this day of 1,1988. ATTEST: XAVIER L. SUAREZ, Mayor MATTY HIRAI City Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney City Attorney GMM/rcl/M599 FORM AND CORRECTNESS: - 2- i