HomeMy WebLinkAboutR-88-0100J-87-1039(a)
11/12/87
RESOLUTION NO.
A RESOLUTION UPHOLDING THE ZONING BOARD'S
AFFIRMATION OF THE PLANNING DIRECTOR'S
DECISION TO APPROVE, SUBJECT TO CONDITIONS,
THE CLASS C SPECIAL PERMIT, FILE NO.
C-87-722, FOR A CHANGE OF NONCONFORMING USE
FROM AUTO REPAIR TO USED CAR SALES LOCATED AT
1649 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA;
SUBJECT TO THE FOLLOWING CONDITIONS:
1. A ONE (1) YEAR REVIEW TO DETERMINE IF A
NEGATIVE IMPACT HAS BEEN CREATED AS A RESULT
OF THE PROPOSED USE AND TO DETERMINE IF THE
SIZE OF THE SUBJECT PROPERTY IS ADEQUATE FOR
THE NUMBER OF USED CARS. 2. SEVEN (7) NEW
MAHOGANY OR OAK TREES TWELVE FEET (120)
MINIMUM HEIGHT, KEEPING THE TWO (2) EXISTING
- TREES ON THE SITE. 3. THE PROPOSED CHAIN
LINK FENCE TO BE LOCATED AT NORTHWEST 27TH
AVENUE AND NORTHWEST 16TH ROAD SHOULD BE A
MAXIMUM OF FOUR FEET ( 4' ) IN HEIGHT, WITH A
NEW 30" CHERRY HEDGE PLANTED 30" O.C. 4. A
HEAVY FICUS HEDGE FOUR TO SIX FEET (4' TO 61)
IN HEIGHT PLANTED 12" O.C. ALONG THE EAST
- PROPERTY LINE, AND FURTHER SUBJECT TO THE
VISION CLEARANCE REQUIREMENTS.
WHEREAS, the Miami Zoning Board at its meeting of
October 19, 1987, Item 1, adopted Resolution ZB 114-87 by a nine
to zero (9-0) vote, upholding the Zoning Board's affirmation of
the Planning Director's decision of August 14, 1987, which
approved a Class C Special Permit, subject to the following
conditions: 1. A one (1) year review to determine if a negative
impact has been created as a result of the proposed use and to
determine if the size of the subject property is adequate for the
number of used cars. 2. Seven (7) new mahogany or oak trees
twelve feet (121) minimum height, keeping the two (2) existing
trees on the site. 3. The proposed chain link fence to be
located at Northwest 27th Avenue and Northwest 16th Road should
be a maximum of four feet (41) in height, with a new 30" cherry
hedge planted 30" O.C. 4. A heavy ficus hedge four to six feet
(4' TO 61) in height planted 12" O.C. along the east property
line, and further subject to the vision clearance requirements;
- and
CITY COMMISSION
MEETING OF
JAN 28 11989
RESOLUTION No. ss-loo
1
WHEREAS, the City Commission after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to
confirm the approval of said Class C Special Permit, subject to
the afore -described conditions, and further subject to the vision
clearance requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The findings of the Planning Director set
forth on the application for Class C Special Permit, under File
No. C-87-722 dated July 6, 1987, are adopted and incorporated
herein by reference.
Section 2. The decision of the zoning Board to uphold
the Planning Director's decision to approve the Class C Special
Permit, File No. C-87-722, for a change of nonconforming use from
Auto Repair to Used Car Sales located at 1649 Northwest 27th
Avenue, Miami, Florida, subject to the following
conditions: 1. A one (1) year review to determine if a negative
impact has been created as a result of the proposed use and to
determine if the size of the subject property is adequate for the
number of used cars. 2. Seven (7) new mahogany or oak trees
twelve feet (121) minimum height, keeping the two (2) existing
trees on the site. 3. The proposed chain link fence to be
located at Northwest 27th Avenue and Northwest 16th Road should
be a maximum of four feet (41) in height, with a new 30" cherry
hedge planted 30. O.C. 4. A heavy ficus hedge four to six feet
(4' TO 6') in height planted 12" O.C. along the east property
line, and further subject to the vision clearance requirements,
is hereby affirmed.
-2- 91 " 00-
of Ja ar , 19
PASSED AND ADOPTED this 28th day 88.
ATTES • / XAVIER L. RE7,,
MA HIRAI
City Clerk
PREPARED AND APPROVED BY:
i j
G. MIRIAM MAER
Assistant C}ty Attorney
APPROVED AS TO FORM AND CORRECTNESS:
Y V �. ff • ✓ V V V
C y Attorney
GMM/rcl/M563
- 3- 8"00.
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ZONING FACT SHEET
LOCATION 1649 NW 27 Avenue
APPELLANT
PZ=2
-M - b— H. S.tiukat
420 Lincoln Road, Suite 602
Miami Beach, FL 33139 Phone # 673-4003
REQUEST Appeal by the applicant of the Class C Special
Permit, File No. C-87-722, approved by the
Planning Director with conditions on August 14,
1967. for a change of nonconforming use from
auto repair to used car sales at 1649 NW 27
Avenue.
RECOl9ENOATI0NS
PLANNING DEPARTMENT APPROVAL WITH CONDITIONS. The Planning
Department is recomeenaing that the Class C-87-
722 Special Permit Application to change
nonconforming use from auto repair to used car
sales in CR-3f7 located at 1649 NW 27 Avenue be
approved subject to the following conditions:
I. A one (1) year review to determine if a
negative impact has been created as a result of
the proposed use and to determine if the size of
the subject property is adequate for the number
of used cars.
' 2. Seven (7) new mahogany or oak trees twelve
' feet (12') minimum height, keeping the two (2)
- : existing trees on the site.
3.. The proposed chain link fence to be located
at NW 27th Avenue and NW 16th Road should be a
maximum of four feet (4') in height, with a new
30" cherry hedge planted 30" o.c.
4. A heavy ficus hedge four to six feet (4' to
6') in height planted 12" o.c. along the east
property line, subject to the vision clearance
requi remdnts.
PUBLIC WORKS Possible dedication of 25' radius is required.
DADE COUNTY PUBLIC
WORKS No comments.
SS-i®o:
ZONING BOARD At its meeting of October S. 1987 the Zoning
Board adopted Resolution ZB 109-87 by a 9 to 0
vote continuing the item at the request of the
applicant.
At its meeting of October 19, 19879 the Zoning
Board adopted Resolution ZB 114-87 by a 9 to 0
vote denying the appeal and uphold decision of
the Planning Director.
APPEAL Letter from applicant dated November 2, 1987.
At its meeting of December 10, 1987, the
City Commission deferred consideration of
the above at the request of the applicant.
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Item # 6
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�•�•L.. 673-4003
REWRST FOR RLT=f
To City Manager of City of Miami
Edith M. Fuentes, Director
and designated agent
Re File No. C-87-722 - Class C Permit
PLEASE TAKE NOTICE that pursuant to Article 32 of the
Zoning Ordinances of the City of Miami, Florida, the under sign-
ed seeks review ip';fte.9ity umnission of the decision of the
' Zoning Board on the 19th day of October. 1987 in the above re-
ferenced matter.
My check.in the sum of $300.00 to cover the required
filing fees is attached, herewith, and delivered by hand.
Dated at Miami Beach, Florida
November 2, 1987.
ABR,AHAM H. ST
Applicant
6
198-1001
A*
A464. 673-4003
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�ld....A..e j &,.r... jlj.! P
NOTICE OF APPEAL
TO:
Sergio Rodriquez, Director
Department of Planning, City of Miami
275 N.W. 2nd Street
' P.O. Box 330708
Miami, Florida 33233
Re File No. C-87-722, Class-C Permit -Approved with Conditions
PLEASE TAKE NOTICE that pursuant to Article 25, Section 2551,
anct Article 30 of the Zoning Ordinances of the City of Miami,
the undersigned seeks review of your decision dated August 14,
19A7, as above referenced, upon the grounds that the conditions
attached to said permit establish special limitations or re-
quirements which are beyond those reasonably necessary for the
accoWlishment of the'purpose intended as provided in Article
23, Section 2306 of the aforesaid Zoning ordinances.
Said conditions are arbitrary, capricious, unreasonable and/
or unnecessary.
Dated: August 26, 1987
Miami Beach, Florida
CtRtt %Ai
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.-CONTROL
MENU
8"OVi
ASRAHW H. SHUKAT
Anerner el Law
420 UncaM Road. Suits W2
Miami Beach. Florida 33139
4a 41
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Sergio VAdripnes. Director
DeSartmnt of Flawing. City oo! Niaai
275 S.N. 2nd Street
S.O. So: 330708
Miawi, Florida 33233
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BOUNDARY SURVEY
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Notice of Intended Decision
File P C-87-722
Date 07/14/87
To: (smte) A. H . Shukat
(Addr"#) 420 Lincoln Rd.
Miami Beach, FL 33139
From: (Nam) Seroio Rodriauet
Please take notice that I have reached an intended decision on the
following matter:
Title Class C Soecial Permit for
1649 N.W. 27th Avenue
File C-87-722
■
My intended decision is:
Approval
Approval with the following conditions:
See attached Class C-87-722 Soecial Permit.
Denial for the following reasons:
— Fnnn 7n�ft't�t
!98-100
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You have five working days from receipt of this notice to request
a conference with me and such other officers, agencies or departments
fir accord with the provisions of the Miami Zoning Ordinance. Your
request should be made directly to me in writing.
Signature
. -"0404C-�
• s�C.o s•�sa
�Ac�a $v46 Di�eacrc;2..
Form 20-83 -2
.61
IC
-25-
l98-10(+
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94'64- 673-4003
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'14...J1...e-FA. & w/jop
July 16. 1987
Mr. Sergio Rodriquez. Director
Department of Planning. City of Mimi
275 N.W. 2nd Street
P.o. Box 330708
Miami. Florida 33233
Re File No. C-87-722
Class C Special Permit -Approved with Conditions
1649 N.W. 27th Avenue
Dear Sir:
6uc.
This is to confirm my meeting with you and Mrs.
Fernandez on Tuesday. July 14th, 1987, and our discussions with
respect to the above referenced matter; also my receipt from
your office of copies of documents in your file including Notice
of Intended Decision, but no copies of any reports on referrals
because you advised that no written report had been wade because
the report was oral.
This is to advise that the applicant requests a con-
ference with you and all representatives that are involved, here-
in, for the purpose of presenting additional facts, arguments,
information or data is support of the applicant's position
AW/a
Certified Mail
A.R.R.
C_
ABRAHAM H SHUKAT ~
Atlo,mv ai law ��J ��'• .:• w
120 Lmmin Road. Sucre W2
Moms Beach. Plwda 33139 I ,A174 , ,toll �
r— -
]CDI)
Mr. Sergio Rodriquez. Director
Departmeat o! P1aRnimg
City o! Miami
275 N.N. 2ed Street
o p.0. Sox 330708
N Miami. Florida 33233
a
CSRTIrIBD MAIL
R.R.R.
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SERGIO RODRIGUEZ
Director
July 21, 1987
Mr. Abraham H. Shukat
Merchantile National Bank Building
420 Lincoln Road, Suite 602
Miami Beach, FL 33139
Dear Mr. Shukat:
CESAR H. 0010
Gtv Manager
This is regarding your letter of July 16, 1987, requesting a conference to
present additional facts, argument, information or data in support of your
position about the intended decision rendered by me on July 14, 1987, to
approve with conditions Class C-87-722 Special Permit Application.
Please be advised that I have set aside Monday, July 27, 1987, at 3:00 PM, for
such a conference. If it is agreeable by you, please confirm this conference
by calling Mrs. Teresita L. Fernandez of my staff at 579-6086.
Sincerely,
er o Rodriguez, director
Planning Department
SR/TL'F/dr
dr87:168
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IMPORTANT MESSAGE
DATE —7- 2 7 - .,rl TIME %' 66 P.M.
WHILE YOU WERE OUT
M AAA
OF
Arn Code 7 _
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Meeeep ' -Ind
'Yab,_, ��►f�thlil=% l� 14rz911
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TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALLoff
nq)
�VU UU °1u5�5UUV `O
Gals
TO � FROM
_Please note and see me
_Please give me Your comments
._Please note and return to me
-FyI Your information
_Far your review and approval
-Immediate eclion desired
_Pleaaa prepare reply for my
-Please answer. with COPY
signature
to me
Please follow through
_For your signature
Remarks:
.n� lei 14�i
N
I
N..
Mr. Abraham H. Shulcat
Mercantile National Bank: building
/420 Lincoln Road, Suite 602"
Miami Peach, F1. 7179
Dear Mr. Shukat:
This is regarding your conference to present additiona:
facts, argument, information or data in support of your positior
about the intended decision rendered by me on July 14th., 1987.
to approve with conditions Class C-87-7== Special Permit
4+plication.
\1987
e sorry to hear that you could not mat:.e It to the July 1
27tconference for health reasons. and we have set aside
a nfor said conference for• Wednesday, August nth., 1987
at We are assuming that the- time is convenient for
youe Mrs. Teres:ta L. Fernandez spoke to pour secretary
on July .1st., 1987, and she did not indicate otherwise.
Please N advised that according to Section CSC►'.' of Zoning
Ordinance 95rO "If the applicant fails to appear, the director
shall enter tha fact in the record of the case. and may either
arrange another nference, if the director, finds adequate cause
for the absence. o proceed to mak:.= the decision as though the
conference had been eld."
I will be loolc ing \orward to = ee you at the time convened
above.
cc. Class C-87-7=2 File
Sincerely,
Sergio Rodriguez, Director
Plann2na Department
t38-lOGg
■
Mr. Abraham H. Shukat
Mercantile National Pane: Building
420 Lincoln Road, Suite 60-1
Miami Beach, F1. 1=1' 9
Dear Mr. Shukat:
This is regarding your conference -to present additional
facts, argument, information or data in support of your positioh
about the intended decision rendered by me on July 14th., 1987,
to approve with conditions Class C-87-72= Special Permit
Application.
We were sorry to hear that you could not make it to the July
27th., 1987 conference for health reasons. and we have set aside
a new time for said conference for Wednesday, August 5th., 1987
at 1:'.'?#0 p.m. We are assuming that the time %.s convenient for
you, because Mrs. Teresita L. Fernandes spoke to your secretary
on Friday, July moist., 1987, and she did not indicate otherwise.
Please be advised that according to Section 25007.7 of Zoning
Ordinance 9500, "If the applicant fails to appear, the director
shall enter that fact in the record of the case, and may either
arrange another conference, if the director finds adequate cause
for the absence, or proceed to make the c:-ision as though the
conference had been held."
I will be looking forward to see you at the time convened,
above.
Sincerely,
Sergio Rodrigue., Director
Planning Department
cc. C 1 pass' C-87-7=2 File
I
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08�¢/S7
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RS-100,
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Mr. Arsenio Milian offered the following Resolution and
moved its adoption.
RESOLUTION ZB 114-87
RESOLUTION TO UPHOLD THE DECISION OF THE
PLANNING DIRECTOR ON AUGUST 14, 1987s
APPROVING, SUBJECT TO CONDITIONS, THE CLASS C
SPECIAL PERMIT, FILE NO. C-87-722 FOR A
CHARGE OF NONCONFORMING USE FROM AUTO REPAIR
TO USED CAR SALES AT 1649 NW 27 AVENUE, WITH
CONDITIONS AS FOLLOWS:
1. ALL ONE (1) YEAR REVIEW TO
DETERMINE IF A NEGATIVE IMPACT HAS BEEN
CREATED AS A RESULT OF THE PROPOSED USE AND
TO DETERMINE IF THE SIZE OF THE SUBJECT
PROPERTY IS ADEQUATE FOR THE NUMBER OF USED
CARS.
2. SEVEN (7) NEW MAHOGANY OR OAK
TREES TWELVE FEET (120) MINIMUM HEIGHT,
KEEPING THE TWO (2) EXISTING TREES ON THE
SITE.
3. THE PROPOSED CHAIN LINK FENCE TO
BE LOCATED AT NW 27TH AVENUE AND NW 16TH ROAD
SHOULD 'BE A MAXIMUM OF FOUR FEET (4') IN
HEIGHT, WITH A NEW 30" CHERRY HEDGE PLANTED
30" O.C.
4. A HEAVY FICUS HEDGE FOUR TO SIX
FEET (4' TO 61) IN HEIGHT PLANTED 12" O.C.
ALONG THE EAST PROPERTY LINE, SUBJECT TO THE
VISION CLEARANCE REQUIREMENTS.
Upon being seconded by Mr. George Barket, the motion
was passed and adopted by the following vote:
AYES: Ms. Morales, Basila
Messrs. Gort, Moran-Ribeaux, Barket, Romero,
Sands, Luaces and Milian
NAYES: None
ABSENT: Messr. Mayor
Me. Fox: Motion carries 9 to 0.
Ie,
fib- IL00'
IL
LUCIA A. DOUGHERTY
City Attorney
February 11, 1988
11'
(4R of Min t
rrj,V
Teletd'pier: 1 ) 374-4730
ter'
Mark A. Valentine, Esq.
3050 Biscayne Boulevard, Suite 1000
Miami, Florida 33137
Re: Consignme Au Sales, Inc., Rodovaldo Gomez Pre ident
Item No. PZ-6 - ity Commission Agenda of Janua y 28, 988
Dear Mr. Vale
Please revise the covenant proffered at City Commission meeting
on January 28, 1988 to conform with the enclosed sample and
return to this office immediately. This Covenant must be
approved as to form and correctness by the City Attorney.
Sinc r
x&
G. Miriam Maer
Assistant City Attorney
GMM/rcl/P872
cc: Sergio Rodriguez
Assistant City Manager
Guillermo Olmedillo
Planning Department
George V. Campbell
Public Works Department
Gloria Fox
Hearing Boards
Joseph A. Genuardi
Zoning Administrator
Matty Hirai
City Clerk
OFFICE OF THE CITY ATTORNEM100 Amerifirst Building/One Southeast Third Avenue/Miami. Florida 33131