HomeMy WebLinkAboutR-87-0108-t 0
J-87-62(a)
1/05/87
RESOLUTION NO. 87r iOS
A RESOLUTION UPHOLDING THE ZONING BOARD'S
AFFIRMATION OF THE PLANNING DIRECTOR'S
DECISION TO DENY CLASS C SPECIAL PERMIT,
FILE NO. C-86-467, FOR THE ESTABLISHMENT OF A
CLUSTER DEVELOPMENT CONSISTING OF THREE
DUPLEXES TO BE LOCATED AT 2816 SOUTHWEST 3RD
STREET, MIAMI, FLORIDA; AND ADOPTING AND
INCORPORATING THE FINDINGS OF THE PLANNING
DIRECTOR.
WHEREAS, the Miami Zoninq Board at its meeting of
December 1, 1986, Item 6, adopted Resolution ZB 130-86 by a 7 to
2 vote, denying the appeal and affirming the Planning Director's
decision of October 6, 1986, which denied a Class C Special
Permit as hereinafter set forth; and
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 denial of said Class C Special Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The findings of the Planning Director are
hereby adopted and incorporated herein by reference.
Section 2. The decision of the Zoning Board to uphold
the Planning Director's decision to deny Class C Special Permit,
File No. C-86-467 for the establishment of a cluster development
consisting of three duplexes to be located at 2816 Southwest 3rd
Street, Miami, Florida, is hereby affirmed.
PASSED AND ADOPTED this 22nd day of uary 1987.
ATT AVIER L. SUA Z, MAYOR
MATTY HIRAI
City Clerk
PR7 =D AN - fi�VED BY:
Assist t City Attorney
APP V AS -TO-FORM AND CORRECTNESS:
tUCrA A. DOUGHE
City Attorney
GMM/wpc/ab/M307
effy COMMSSION
MEETING OF
JAN 2% 1967
PZ=3
APPEAL OF PLANNING DIRECTOR
C-86-467 Dated: October 9, 1986
APPELLANT/APPLICANT
REQUEST
RECOMMENDATIONS
PLANNING DEPARTMENT
Benigno Pereda, Jr.
as President for
Miami Design b Associates
250 Bird Road, Suite 103
Coral Gables,. FL 33146 Phone 4444-9933
Appeal by the applicant of the Class C
Special Permit, File No. C-86-467, denied
by the Planning Director on October 6,
1986, for a cluster development consisting
of 3 duplexes to be located at 2816 SW 3rd
Street, Miami, Florida.
DENIAL. In response to an application for
LTass C Special Permit, file No. C-86 -467
for a cluster development for six (6)
units, three (3) .duplexes, at 2816 SW 3rd
Street, the Planning Department reviewed
the plans, inspected the site and
subsequently disapproved the application.
Said application included zoning review
and approval by the Zoning Chief Inspector
for compliance to applicable zoning
regulations.
Even though Section 2501, informal notice
and hearing, requires no formal public
notice in connection with Class C Special
Permit procedures, the Planning Department
Director requested from the applicant
courtesy notifications to adjacent
property owners. The applicant notified
thirty four (34 ) adjacent property owners
and one (1) of them presented objections
to the proposed cluster to the Planning
Department.
The application was disapproved based on
the following findings:
Cluster development as presented does not
meet the intent of Section 2028; it would
not offer a better distribution of open
space or an improved level of amenities
and creative design to a greater degree
than development on a lot by lot basis.
Applicant was requested to provide two
parking spaces per unit, and if necessary
to reduce the size or the total number of
proposed units, and still preserve the
provided green open space which was
minimal in size. Applicant refused to
redesign the project, therefore it was
disapproved.
Proposed cluster development would create
a negative impact on adjacent property
owners when cars would park in front of
adjacent property owner residences.
Therefore, it is recommended that the
appeal be denied as no* meri t can be
attributed to it.
PUBLIC WORKS The proposed parking lot does not provide
safe and convenient parking, which will
result in cars backing out into the right-
of-way.
ZONING BOARD At its meeting of November 3, 1986, the
Zoning Board adopted Resolution ZB 121-86,
by a 9 to 0 vote, setting December 1, 1986,
as the hearing date for the above.
At its meeting of December 1, 1986, the
Zoning Board adopted Resolution ZB 130-86,
by a 7 to 2 vote, upholding the decision
of the Planning Director in denying the
Class C Special Permit. Three (3),proponents
were present at this meeting; two (2) op-
ponents were present.
APPEAL Letter requesting appeal of Zoning Board's
decision from Benigno Pereda, Jr., dated
December 6, 1986.
9 s 7 N
5 ><I3 2 1 12 11 10 9 0 7 6 5 1 4 .
I •3 '
to 17 to 19 22 23 24 N 14 15 16 17 to t 9 20 2122 23 .
2 6
W.rTM
9 e� 6 4 I I 11 10 9 9 7 t3 E KOUBE
2 � 2 T CT"A"o
t6 '7 19 19 �21 22 23 24 14 tS 16 17 Is 19 2 21 NNER TY A 4
OF MI MI
g W. 3 ST.
9 I I 4 3 2 1 13 12 ' •;' ; ,% 9 12 7 6 5 4 P. A
ti fi�
IL
AMD 2 YANIRA SUB. TR N c%j
63 • 41 ,4 4 • LIJ O So - a
10 v
} 2 I V 6 4 2 1 a„ I I 9 1.6 A5 4 3_ I"
A S T
SS 40 75 T e 10
6 5 • I I e s 3
;� Qa 5 .12 2
1
? 9 9 10 7 0 9 104 1 12 " to 1920 1 22
1�
4 SW � 5 ST. ..
�a �•, , 4
2 6 5 2 1 ; •, 15 16 1� 19 2 21
3 3
1- 0 � N 3 2
9 In 7' i,6"�8 10 11 12 1 J 9 s 7 6 5 4 3 1 N
* 10
9
7
6
5
= II
is
19
16
17
20
15
S.W. 2
10 '
9
e
7
• Its
6 5
12
Is
13
16
1?
14
15
S.W;—..-
10 6
11 9 s 13 5
Ift 121 O 0 •0 .. -9
-
@PG�8 RESE
O 1�•. so ..• « 1. ..[-
3 4 5 6 7
2
S.W. -
0�19
lie
I e11
wu
12 41 j 2 'PI 2 JK-4
w �
w 43
41 40 3e 9
8'N
7 4 e 9 !10 5 1 5
w46
'� 4e
S.NI�
memosST
I
P12
Ila so
3 4
5
6
65
4
3'
2
1
2
3
4
5
13
7
0
U66
u� 2
It
0
8
7
g�•10
if
12
25
24
23
.2
1�0jig
IO 117 I g
70
7Z
3
T-
--W.—
.
..
y -
S.W.
-,
j+
a p
iQ5 4
3
2
1
e'
2
�4
6
7 4 9
10
12 Z8 11/3/868r�r,,,�o$, AS
AP
33
J-5
8
2
13 Item # 1
J-7
1►
9
H
r
I
,
I
4-
z�123
27
2
2816 SW 3rd Street
010
S
F
MIAMI DESIGN & ASSOCIATES .,
250 BIRD RD SUTE 103 CORAL GABLES, F&Cipr 13 W:02
A ?0 DELI*- `-12,)
6, 1986
Ts. Voris 7�ox Director
PHONE (306)444-9933
3eni%31 for rlas,'t;,iotice of
tt per�ai
mile '_,o•C45
7??r -i3.70X: �, "n" )or Ql
n 1•,?�-� ^;1e
A'7 �1'a�,) '.;n'iy(?d":)f` �_•a.7? .,i
11 � \
,�1 �.r:a t, iol .•r-�.� for the anprova.l of a 6 units (3 dunl �xAS
202? of ?1T o�1�norlli+l.tl,t'
tipi)llca`�on ',o. ^—>�— 67 i.3 for proper'�,� 2316 3.r1. 3 Street.
7r1 ')c;ra';i0?r. 1 193U 1� ..L �i� ;)�rOV@�
b; , 13 Zojling Ro=-trd does -10t eapi)ort the denial of the
�.onli :�'�ion. in accord--nce vri tii sec. 2028 of Zoning
or1in ��1 0, tjP, on belialf of Ou client, appeal t'ne .
denial, of thp appeal a.pplica.tiorl:s .for cl%tsa "3" permit to
the co, I'lic-10(i
3in10r�J,
cc
enigno pereda. Jr.
as President of
gia.mi nisign & Associates
250 Bird Rd. Suite 103
Coral Tables, Florida. 33146
0
-- -- --- -
i
MIAMI DESIGN & ASSOCIATES
250 BIRO RD SUTE 103 CORAL GABLES. FL 4e 3 .3B
PHONE (300444-0033
/ iI• / -71,( 4i
I
/Mn
HAND DELIVER}•:')
Oct. 9, 1986
Mr. Aur rtj io F.. P"---t •.-Lugones , Director
i Planning & Zoning Boards
-+
`400�
Administration De,)t.
275 N.W. 2n,1
Miami, Flor iti•t . 3 3? 3 3-)703
m
r
-•
N
Re: Notice of Appeal; of i:)1N l�ii•it. £=3r glass "C"
permits.
"-
File No. C-86-467
Dear Mr. Perez-Lugones:
On Ylay. 5, lg86 „�e �i, ,��� �: t - t ^ �. t ; ; ,.,`� t�-..�i ::.
application was for tiita ni)i)rnval of a 6 units (3
The
Duplexes)
f under Cluster Development section 2028 of Zoning,
tOrdin-tlit:t-
9500, Z3-1/ 3.
Application No. C-86-467 is for property 2816 S.4. 3 Street.
On Oct. 6, 1986, the application was disapproved by the
P.lantiing oRpar. tinent. We believe the reasoning of the
Planning Department ,loos not support the denial of the
application. In accordance with sec. 2028 of Zoning
Ordinance 9500, we, on behalf of our client, appeal the
denial of the applicAt:ions for Class "C" Permit to the
Zoning BoArd.
1 The filfng fee for the api)eal is enclosed along with copie
of theUpl i fat ion.
i
Si ce
Berigrio Perecia Jz ..
as President of
Miami Disign & Associates
250 Bird Rd. Suite 103 87-108
Coral Gables, Florida. 33146
9
BPj/el
APPLICATtON FOR CLASS C SPECIAL PERMIT File Number C-86-�-W
It 'is intended that Class C Special Permits tbe echn
ical d wh rrelspecified
ti i i d
uses and or occupancies involve substantial.,^
planning policy. �
Any project requiring a Class C Special Permit must first be reviewed by
the Building and Zoning Department (2nd Floor) to -insure that each project
conforms toall
aZonin zoning
before the project will form must be be considered bytned
he
by the Chief 9
Director of the Planning Department.
"This project has been reviewed . by the rBua11d ng andZoningand
has been found to be in conformance with 9
'
Z)Weif Zonling—ThpMor ate
The director ofthe
licationstfor ClassPlanning
SpecialbPermitsy responsible for
consideration o pp
The director shall make such referrals to other officers or departments as
are required al s deemed regulations ecessary by particular
before ecial arriving mit and at his deci son•
other refer
(Section 2301.3)
i , hereby apply to the director
of the DepartPnt or Planning for approval of a Class C Special Permit under
the provisions -of Articles 23 and 25 of the City of Miami Zoning Ordinance.
V'Address of Property •�� '
Nature of Proposed Use Be specific)
0.
-•r
or
ion of
I a ac) Survey of the ipropertytprepa preparedbyf this
acRegistered Land
a) Survey .
Surveyor. •
b) Three copies of: site plan showing (as required) property boundaries
and proposed structure(s), parking, landscaping, screening, etc;
building elevations (if required), with dimensions and computation of
lot area (gross
Ce and nfloorbuilding
area# parking, height c) eSee o Section
ratios (open p ,
2301.2.1(c).
/c) Other (Specify)
8 7-409
v (}F µ1AM' ...
apM141 "� ;:li i ,t om• . ; .
d).Fee of i , based on the following:hac.ti.�^•:.
**PERMIT FEES ARE NON-REFUNDA **oc P• ': .
n 2028: " - $7 0 per elling unit
Sectio .00
RS-1.1:
RG-2.1,2.2,2.3,R0-2.1:
SPI-1,2,3,4,5,6,7,9,10,11,12,14, $0.02 per s t. of net lot
14.1,14.2,i5,16,16.1,16.2,17: area, mini um 200.00
! $0.01 p q.f . of net lot
' PD-H,HC,MU area, m im $500.00
All other applications as
required by the text or
Schedule of District $6 0
Regulations
Signature
ner of Autorizedgent
1 Name �(,� Address
33/3.S 3 3
City, State, ip* Phone -
Date 7 e
! *FOR OFFICE USE*
Referrals - Yes -, No
Conditions - Yes No
Findings Adjacent-
Applicant was requested to shOw Plans *'
was received from G. wood. App nq
spaces per unit, and it necessary to reduce the size or the total
space which is minimal in size. Applicant does not want to red0aiyi
impact on dada nt property owners gars would park in front of=
Approved_ isapprove , rec or
Approved With tonditions� ann ng Department •
87 109
e
*adjacent property owner residences. project does not meet intent of Section 2029.
- - :: -Jam✓.=.� ., ... _ I _.. _ _ - _ _-
r
Mr• Jon Channing offered the following Resolution and
moved its adoption•
RESOLUTION ZB 130-86
RESOLUTION TO UPHOLD THE DECISION OF THE
PLANNING DIRECTOR ON OCTOBER 6, 1986, DENYING
THE CLASS C SPECIAL PERMIT, FILE NO. C-86-467
FOR A CLUSTER DEVELOPMENT CONSISTING OF 3
DUPLEXES TO BE LOCATED AT 2816 SW 3 STREET,
MIAMI, FLORIDA.
Upon being seconded by Mr. Osvaldo Moran-Ribeau x, the
motion was passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Gort, Channing, Milian, Moran-Ribeaux
and Sands
NAYES: Messrs. Luaces and Romero
ABSENT: Messr. Barket
Ms. Fox: Motion carries 7 to 2.
87_"109
December 1 , 19869 Item 6
Zoning Board c7
f r
J-87-62(a)
1/05/87
RESOLUTION NO.
A RESOLUTION UPHOLDING THE ZONING BOARD'S
AFFIRMATION OF THE PLANNING DIRECTOR'S
DECISION TO DENY CLASS C SPECIAL PERMIT,
FILE, NO. C-86-467, .FOR THE ESTABLISHMENT OF A
CLUSTER DEVELOPMENT CONSISTING OF THREE
nUPLEXES TO BE LOCATED AT 2816 SOUTHWEST 3RD
STREET, MIAMI, FLORIDA; AND ADOPTING AND
INCORPORATING THE FINDINGS OF THE PLANNING
DIRECTOR.
WHEREAS, the Miami Zoning Board at its meeting of
December 1, 1986, Item 6, adopted Resolution ZB 130-86 by. a 7 to
2 vote, denying the appeal and affirming the Planning Director's
decision of October 6, 1986, which denied a Class C Special
Permit as hereinafter set forth; and
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 denial of said Class C Special Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The findings of the Planning Director are
hereby adopted and incorporated herein by reference.
Section 2. The decision of the Zoning aoard to uphold
the Planning Director's decision to deny Class C Special Permit,
File No. C-86-467 for the establishment of a cluster development
consisting of three duplexes to be located at 2816 Southwest 3rd
Street, Miami, Florida, is hereby affirmed.
PASSED AND ADOPTED this day of , 1987.
ATTEST:
MATTY HIRAI
City Clerk
PR D AND PPROVED BY:
V• i'i i i� i i'ii' 'i1'i Y n
Assist t City Attorney
APP VFW AS FORM AND CORRECTNESS:
UCIA A. DOUGHERTAII
City Attorney
GMM/wpc/ah/M307
XAVIER L. SUAREZ, MAYOR
137-1.O .
�L%
IP 0
J-87-62(b)
1/0 5/87
RESOLUTION NO,
A RESOLUTION REVERSING THE ZONING HOARD'S
AFFIRMATION OF THE PLANNING DIRECTOR'S
DECISION TO DENY CLASS C SPECIAL PERMIT,
FILE NO. C-86--467, FOR THE ESTABLISHMENT OF A
CLUSTER DEVELOPMENT CONSISTING OF THREE
DUPLEXES TO BE LOCATED AT 2816 SOUTHWEST 3RD
STREET, MIAMt, FLORIDA AND GRANTING THE CLASS
C SPECIAL PERMIT, PILE NO. 86-467.
WHEREAS, the Miami Zoninq Board at its meeting of
December 11 1986, Item 6, adopted Resolution ZB 130-86 by a 7 to
2 vote, denying the appeal and affirming the Planning Director's
decision of October 6, 1986, which denied a Class C Special
Permit as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter, and notwithstanding the denial by the Zoning Board
and
the Plaininq
Director,
finds that
the
applicant
has
met all
the
requirements
of Zoning
Ordinance
No.
g500 for
a
Class C
Permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The decision of the Zoninq Soard to uphold
the Planning Director's decision to deny Class C Special Permit,
File No. C-86-467 for the establishment of a cluster development
consistinq of three duplexes to he located at 2816 Southwest 3rd
Street, Miami, Florida, is hereby reversed.
Section 2. The Class C Special Permit requested in File
No. C-86-467 is hereby granted.
PASSED AND ADOPTED this day of , 1987.
ATTEST:
MATTY HIRAI
City Clerk
XAVIER L. SUAREZ, MAYOR
PREPARSD AND APPROVED RY:
G. #IRIAM MAER
Assistant City Attorney
APPROV AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERT
City Attorney
GMM/wpc/ab/M308
i
-2�
r"