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
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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.
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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