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HomeMy WebLinkAboutR-87-0759J-87-664 7/23/87 RESOLUTION NO. 81 —1 's" A RESOLUTION GRANTING THE APPEAL, AND THUS REMOVING THE CONDITION WHICH LIMITED THE USE OF LOT 501 TO PARKING ONLY AND WHICH FURTHER PROHIBITED THE USE OF LOT 501 IN F.A.R. CALCULATIONS, WHICH CONDITION WAS ATTACHED 13Y THE ZONING BOARD TO ITS APPROVAL OF THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 3, SECTION 316, TO ALLOW THE EXTENSION OF REGULATIONS NOT TO EXCEED FIFTY FEET (50') WHERE ZONING DISTRICT BOUNDARIES DIVIDE A LOT OF RECORD AT THE TIME THE BOUNDARY WAS ESTABLISHED, AND WITHOUT AUTHORIZING THE EXTENSION OF ANY LAND USE INTENSITY SECTOR BOUNDARIES FOR PROPERTY LOCATED AT APPROXIMATELY 4651-99 NORTHWEST 3RD STREET, APPROXIMATELY 301-99 NORTHWEST 47TH AVENUE AND APPROXIMATELY 4652-98 NORTHWEST 4TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, LOTS 502 AND 503 ZONED RG-2/4 GENERAL RESIDENTIAL AND LOT 501 ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY). THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of June 15, 1987, Item 1, following an advertised hearing, adopted Resolution ZB 74-87 by a nine to zero vote (9 - 0), granting the Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 3, Section 316, to allow the extension of regulations not to exceed fifty feet (50') where zoning district boundaries divide a lot of record at the time the boundary was established, and without authorizing the extension of any land use intensity sector boundaries for property located at approximately 4651-99 Northwest 3rd Street, approximately 301-99 Northwest 47th Avenue and approximately 4652-98 Northwest 4th Street, Miami, Florida, (more particularly described herein), as per plans on file, subject to the condition that Lot 501 be used for parking only, and Lot 501 cannot be used for calculating F.A.R. (which limits the amount of units on the three lots to 18); Lots 502 and 503 zoned RG IY MEETING Of JUL 23 1987 RESOLUTION Nj.�_ � -- REMARKS: - 1 Residential and Lot 501 Zoned RG-1/3 General Residential (One and Two Family). This Special Exception has a time limitation of twelve (12) months in which a building permit must he obtained; and WHEREAS, the applicants for the special exception have taken an appeal to the City Commission from certain conditions attached to the Special Exception granted by the Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter finds that the Special Exception as requested by the applicant, without the conditions regarding Lot 501 which were required by the Zoning Board, meets the applicable requirements of Zoning Ordinance 9500; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The decision of the Zoning Board which imposed a prohibition on the use of Lot 501 in F.A.R. calculations as a condition to granting of the Special Exception as listed in Ordinance 9500, as amended, Article 3, Section 316, to allow the extension of regulations not to exceed fifty feet (50') where zoning district boundaries divide a lot of record at the time the boundary was established, and without authorizing the extension of any land use intensity sector boundaries for property located at approximately 4651-99 Northwest 3rd Street, approximately 301- 99 Northwest 47th Avenue and approximately 4652-98 Northwest 4th Street, Miami, Florida, also described as Lots 501 and 503 less the South 25 feet and Lot 502, FLAGLER GROVE ESTATES EXT NO. 2, as recorded Plat Book 9 at Page 163 of the Public Records of Dade County, Florida, as per plans on file; Lots 502 and 503 zoned RG- 2/4 General Residential and Lot 501 zoned RG-1/3 General Residential (One and Two Family), with a time limitation of twelve (12) months in which a building permit must be obtained, is hereby modified to the extent that the condition prohibiting such uses of Lot 501 is hereby released and the grant of the Special Exception without said condition is hereby affirmed. PASSED AND ADOPTED this 23rd day of July , 1987. ATTEST: XAVIER L. IAREZ, MAYOR r MATTY HIRAI City Clerk PREPARED AND APPROVED BY: G: IRIAM MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: LUCIA-A. DOUGHERTY City Attorney GMM/rcl/M475 -3- ;k-� ZONING FACT SHEET LOCATION/LEGAL Approximately 4651-99 NW 3 Street Approximately 301-99 NW 47 Avenue ana Approximately 4652-98 NW 4 Street Lots 501 and 503 less S and Lot 502 FLAGLER GROVE ESTATES _XT NO. 2 (9-163) P.R.O.C. APPLICANT/OWNER Rica :o and Rocalina Bermudez 9901 SW 38 Street Miami, FL 33165 Phone * 223-8770 Aurelio and Migdalia Arteaga 10210 SW 1 Street Sweetwater, FL 33174 Phone = 221-7332 ZONING Lots 502 and 503 zoned RG-2/4 General Residential and Lot 501 zoned RG-1/3 General Residential (One and Two Family) REQUEST Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 3, Section 316, to allow the extension of regulations not to exceed fifty feet (50') where zoning district boundaries divide a lot of record at the time the boundary was established, and without authorizing the extension of any land use intensity sector boundaries. RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL SUBJECT TO LANDSCAPE PLAN APPROVAL BY PLANNING DEPARTMENT. e subject request meets die intent of zoning Ordinance 9500. There would be no adverse effects on adjoining and nearby properties or the neighborhood as a result of the proposed extension of regulation for the RG-2/4 General Residential District into the RG-1/3 General Residential (One and Two - Family) District. The applicant proposes to use the east fifty feet (50') of the subject site to accommodate part of the offstreet parking spaces that are required for the proposed multiple family development. There would be adequate ingress and egress to the site. 8'; -7 5 J A proper buffer consisting of a six feet (6') masonry wall would be provided at the east property line which would divide the land uses. Additional landscaping material would be requested by the Planning Department at the time of the building permit application. The existing use to the north is a Florida Power and Light Company station, and to the south is a multiple family development with the east boundary line coinciding with the subject property east property line. PUBLIC WORKS Require 25' radius returns at the intersections of NW 47 Avenue with NW 3 Street and NW 4 Street. DADE PUBLIC WORKS No objections. ZONING BOARD At its meeting of May 4, 1987 the Zoning Board adopted Resolution ZB 60-87 by a 9 to 0 vote continuing the item to May 18, 1987. At its meeting of May 18, 1987 the Zoning Board adopted Resolution ZB 61-87 by a 7 to 0 vote deferring the item for a full board. At its meeting of June 15, 1987, the Zoning Board adopted Resolution ZB 74-87, by a 9 to 0 vote, granting the above request subject to Lot 501 being used for parking only, and Lot 501 cannot be used for calculating F.A.R. (which limits the amount of units on the three lots to 18). This Special Exception has a time limitation of 12 months in which a Building Permit must be obtained. Two objections were received by mail. Three proponents were present at this meeting. APPEAL Letter dated June 25, 1987 was received from owners appealing the above. 876--'7:3:} ST N.w. - � 4 s • 10 1 1 1= s 4o a: s 44 40 s 2 s a► 2 • ,39 3 a• 3♦ 41 q = 1 "'�• s3 4 i3 1 to 13 1• I7 li t3 1a 7 b 4 - so es 11 3 • a ` �y so to ST N 5 S, w• �, 24 23 = 4 a 3 • s a It 12 15 1• g � 1to14 - 6 22 1 20 19 1 • 1 T es 4s •• ,� 33it 31 . 3 432 K' N L so �. es so • • O N 431 � , T ,�TRACT P MUN1C . �, 3s .W. z 430 .A ARK 39 7 •M 4V 40 7 3 al 13 1 o f 428 w 4 N 4� • 4 2 t= 3• ? 3 3.2 Q e ••p i 3.1 ��►•1 3 23 4 S T. ,. �.: v, •'~�'•so•o so . of 10 tonAV...� N w •s es �o o• 10 CK/► TEIt •t b b 7 7 r— '+f c 7 • 9 10 11 IZ� , a • - 10 3 4; r 3 , 2 • y 4 3 2 1 ..;. 16 Z w 1 Q� 4 3 I ' Ei-= RR IraZ � RR. Z 7 • to 11 12 TPA 7 (+• 3 2 , • r • 3 4 3 2 1 4 S T• to �01010 s • • - i 7 • ,oil t2 S 2 k 3 2 1 4 3 1 4 s s N,w, 1 T• l� ZB 5/4/87 AS 31, 32 1 CMASE Fg- AP F -1, F 3 1 s• e 1 Item # G G-1, G- • } 7 3 4 1 3� 361 NW 47 Avenue �' •a.�1 2 1 4 3 = 12 �► • 3 4 �J ol 1 4.1 K1kNLOCH PA;K ERA. NX 4 TERR. "ell dt N. W. Ai I 4 P1. W. ST 3 LU KIM. -LAW& LLI > M2 TERk 7. IL bL le 2 AS 31, 32 ZB 5/4/67 AP F-1, F-2 G-2 Item # 6 G-1 It 3wy U1 JJW 47 Avenue Z16A cis! AM= me Now _r 87 7 - 75- J. I BE t77 r% ,v w o2^YtCt Sl t� 331 aJ" Pe: I&t Sol1-603 c.ass S as &40 sas-"43� /&-- soa, 044- 6fa$ro ,Uol: 3) PP -PC' t I r 0 �•T. 1S ' v' b l AH -3 All :73 APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION File Number DSE-83- Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Class D Special Permits and Special Exceptions. (See Article 26.) Formal public notice and hearing is not mandatory for Class D Special Permits, but is mandatory for Special Exceptions. In other respects, these classes of special permits are the same. The Zoning Board shall be solely responsible for determinations on applications for Class D Special Permits and Special Exceptions. All applications in these classes of special permits shall be referred to the director of the Department of Planning for his recommendations and the director shall make any further referrals required by these regulations. Ricardo Bermudez &•Rocalina his wife it Aurelio Arteaga & Vigdalia his wife hereby apply to the City of Miami -Wing Board for approval of, check one: Class D Special Permit , V Special Exception for property located at 301 W-V 47th Avenue:N!iami. Florid3-33126________ Miami. Nature of Proposed Use (Be specific) Section 316. Actions by special exception 00and limitations thereon in cases where zoning district boundaries split lots or parcels. In cases where zoning district bouncuaries alvide a o f record at the time the boundary was established, the zoning board, on application under article 26 of this zoning ordinances may as a special exception authorize the extension of regulations for either,pattion of tie lot not to exceed i ty- feet into the remaining por 1gry- ore an one 1 such extension shall be permitted on ahy.-lot•, 'and any further extension shall requireamendment the official zon ng atlas's'"" Form 10-83 Page I of 3 QU 8 7 — 7 -): G� # 1 attach the following in support or explanation of this application: I. Two surveys of the property prepared by a State of Florida Registered Land '—'— Surveyor. 2. Four copies %A: site plan showing (as requires) property boundaries, existing and proposed ,tructure(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' radious 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) 7. Fee of $, ,based on following: Aa) Class D 300.00 b) Special Exception $400.00 VW Surcharge equal to applicable fee from (a) or (b) above not to exceed $400; to be refunded if there is no appeal (City Code Section 62-61). y. ocalina ermu ez X-Atrnelio Artea Oki X STATE OF FLORIDA) SS: COUNTY OF DADE ) Signature A A:P_f*'j Owner or Authorized Agent -MUM.- -MrAlds'11M Address 9901. SW 38 S t . City, State, Zip giami, Fla 33165 phom 223 8770 Ricardo Bermudez & his wife Rocalina Aurelio Artea�a & his wife I'iRdalia being duly sworn, poses and says that he is the tuwne7r (authorized agent of the real property described above; that he has read the foregoing answers and that the some are true and complete; and -- (if acting as agent for owner) that he has authority to execute this application form on behalf of the owner. Form 10-83 Page 2 of 3 8 7--751 46 SWORN TO AND SUBSCRIBED before me this I3 do Of PAACht „ 8 MY COMMISSION EXPIRES: (SEAL) y uRcsltate at orl o at Large NOTARY PUK IC STATE Of FLORIDA v NY CONNISSION EXP, NAY 15,1289 104DE0 1MRU GENERAL INS. UrID. Form 10-83 Page 3 of 3 87-'755 T v t.. ' A:eF�tUAVtT STAVE OF FIG:1t7A ) SS. COtfN`TY OF DADE ) 87 W:{ -3 All :53 Before me, the undersigned authority, this day personally Ricardo Eermude2 & R•ocalina his wife appearedAu re l i o A r to aga & M i gd al i a " , who being by tre first duly sworn, upon oath, deposes and says: 1. That he is the mmer, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9S00 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 thereo:. 2. That all amners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or n-e i1 i. cation of a cla: si,f: cation or regulation ofzoning as set sus. to the actors"pany"ing petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, plx.)ne 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 documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Sworn to and Subscribed before me this _ j day of M f 19 d'7 . - G44 Nota. public, 4ee of Florida at Large My Cardssion Expires: MY :OMrIi55:�'i ;'zrf :,� FL�Q:DA , OWNER'S LIST Owner's game Ricardo ?ermudez & his wife Rocalina flailing Address 99C1 _5W 38 St. Miami, Florida 33165 Telephone Number 223 8770 Legal Description: lots 501 and 5039 less the South 25 feet for road purpose, and all of lot 5C2, FIAGIER GRCVE ESTATES EXTENSION No. 2 as recorded in Plat Book 9, Page 163 of the Public Records of Bade County, Florida. Owner's Name Aurelio Arteaea & his wife VIZlalia Mailing Address 1C210 SW 1st. _St. Sweetwater Florida 331T4 Telephone Number 221 7332 Legal Description: SJUT AS ABCVE 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 listed as follows: - and owned by the same partnershilr as above Street Address Legal Description 4700-06 NW 4th St. Miami. Fla 33126 Street Address 400 XW 47th Ave. Miami, Fla 33126 Street Address lot 380 Flaaler Grrove Estates Legal Description lot 381 Flagler Grove Estates Legal Description -3 MI :-3 DISCLOSU �OF�CANNBI S 1. regal description and street address of subject real property: lots 5C1 and 50, less South 25 feet for road purpose, and all of lot 5C2, F1AGlFR JnCVE ESTATES EX""7",S7(N No.2 as recorded in Flat 'ook 99 Fare 163 of the Public Recorda of Dade County, Florida AKA: 3C1 N'N 47th, Avenue, Miami, Florida 33126 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties iFa`ving a financial interest, either direct or indirect, in the suoject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Ricardo Bermudez & his wife Rocalina 50% 51oi Sw 344r.441aMI f4.3J:er. Aurelio Arteaga & his wife Migdalia 5096 iozjo sw J e$r sweetw WF^,+L 3S174 3. Leval description and street address of any real propety-, 0i) owned by any party listed in answer to question *2, aru3 (b) vacated within 375 feet of the subject real property. " Io t 380 FIAGLER GROVE ESTATES M: 47CO-06 M'.Y 4th Street,Yiami, Fla 33126 Lot 381 FIAGLER GROVE ESTATE'S AF,A 400 N'N 47th Ave. Miami, Fla 33126 ,. C C C(je.�ww��/ X J X Ricardo'Bermudez and ca na ermudei�C� �,7 5 f�-'Atrtel�o A,pTeaj STATE OF FLORIDA SS: COUWY OF DADE ) a Arteaga •• 'Ricardo Bermudez & his wife Rocalina 3urelio Arteaga & his wife Vigdalia being duly sworn, deposes and says that ne is the Owner (Attorney for Ourner) of the real property described in answer to question #11 above; that he has read the foregoing answers and that the same are true and cocrgplete; and (if acting as attorney for owner) that he has authority to exe a this Disclosure of Ownership form on behalf of the owner. ?. l� c n (SEAL) name SW094 TO AND SUBSCRIBED before me this day of 21, , 99-V' MY CCU LI5810N' EK.PP.W:--+-1 LV1. No, to ic, Sta�df Flo da at Large NOTARY rU'. (i ;T; ., O ". A NY COMA I'.5:-!1 E." 11:' ;9 BONDED THR14 -jC-0L �l (over) STATE OF FLORIDA) COUNTY OF DADE ) UNITY OF TITLE '87 APR 13 P 2 52 _ MREAS, the undersigned is the owner of that property described as: lots 501 and 503, less the South 25 feet for road purpose and all of lot 502, FIAGIER "ROVE ESTATES EXTE".TCN No .2, as recorded in Flat Book 9, Page 163 of the Public Records of Dade County, Florida. also known as 301-347 Y. W. 47th Avenue .Miami Florida 3u2b Dade County, Florida, and Ricardo Bermudez and his wife Rocalina and Aurelio Arteaga and his wife Migdalia,each one 25% owner The undersigned recognizes and acknowledges that for the public health, welfare, safety or morals, the herein -described property should not be divided into sepa- rate parcels owned by several owners so long as the same is put to the here- lnaf ter use, and In consideration of the issuance of a permit for a 24-1&nit Anartrnent Building and for other good and valuable considerations, the undersigned hereby agrees to restrict the use of the subject property in the followir- manner: 1. That said property shall be considered as one plot and parcel of land and that no portion of said plot and parcel of land shall be sold, transferred, devised or assigned separately, except in its entirety as one plot or parcel of land. 2. The undersigned further agrees that this condition, restriction and limita- tion shall be deemed a covenant running with the land and shall remain in full force and effect and be binding upon the undersigned, their heirs and assigns until such time as the same may be released in writing by the Director of the Dade County Building and Zoning Department or the executive officer of the successor of such Department, or in the absence of such director or executive officer, by his assistant in charge of the office in his absence. provided, however, that a release will be executed when the premises are made to conform with applicable zoning regulations or the use or structure is removed from the premises and there is no further reason to maintain the Unity of Title on the public records. Signed, sealed, executed and acknowledged on this fourth day of April A.D., 19_ 81, at Miami, Florida. Ricardo Bermudez ocalina B rmudez Au elio Arte a /?�/ �dcr l c.,0D Migdalia Arteaga I HEREBY certify that on this fourth day ofAnrli A.D. 198_ before me personally appearedRicar o Bermudez & his wife Aurelio, ArtRA00` . his .giifft I to me known to be the personedescribed in and who ex- ecuted the fore t pst=*ent and thf acknowledged to me the execution thereof to be a free act and deed for the uses and purposes therein mentioned. in the 1gTNESS, my,sigAAtur&_aa ef.£kcial seal at ":oM, County and State aforesaid, the date and year last aforesaid. No. ��. wsftwl- M,;ra,, e.�rcro"rhruLa� �.. '.11' o wry ubl c in or the State of Florida at La 5e Mrs. Elba Morales offered the following Resolution and moved its adoption. RE SOLUT' I ON ZB 74-67 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 2305 OF ORDINANCE 9500, AS AMENDED, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, ARTICLE 3, SECTION 316, TO ALLOW THE EXTENSION OF REGULATIONS NOT TO EXCEED FIFTY FEET (501) WHERE ZONING DISTRICT BOUNDARIES DIVIDE A LOT OF RECORD AT THE TIME THE BOUNDARY WAS ESTABLISHED, AND WITHOUT AUTHORIZING THE EXTENSION OF ANY LAND USE INTENSITY SECTOR BOUNDARIES FOR PROPERTY LOCATED AT APPROXIMATELY 4651 -99 NW 3 STREET, APPROXIMATELY 301-99 NW 47 AVENUE AND APPROXIMATELY 4652-98 NW 4 STREET ALSO DESCRIBED AS LOTS 501 AND 503 LESS S 25' AND LOT 502, FLAGLER GROVE ESTATES EXT NO 2 (9- 163) P.R.D.C., AS PER PLANS ON FILE, SUBJECT TO LOT 501 BEING USED FOR PARKING ONLY, ANT) LOT 501 CANNOT BE USED FOR CALCULATING F.A.R. (WHICH LIMITS THE AMOUNT OF UNITS ON THE THREE LOTS TO 18); LOTS 502 AND 503 ZONED RG- 2/4 GENERAL RESIDENTIAL AND LOT 501 ZONED RG- 1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY). THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 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, Luaces, Barket, Mayor, Romero and Milian NAYES: None ABSENT: Messr. Sands Ms. Fox: Motion carries 9 to 0. June 15, 1987, Item # 1 / 1onin, Board