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HomeMy WebLinkAboutR-87-0116J-87-61(b) 12/31/86 RESOLUTION NO. 87�-R r A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RG-1 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY), TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS AND ARTICLE 20, SECTION 2018, SUBSECTION 2018.4 FOR THE PROPERTY LOCATED AT APPROXIMATELY 3201 NORTHWEST 6TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, SAID PROPOSED PARKING LOT IN CONJUNCTION WITH THE DENNY'S LIQUORS AND THE MON PETIT CLUB LOCATED AT 3198 NORTHWEST 7TH STREET, SUBJECT TO: PROVIDING LANDSCAPE ON SUBJECT AND ADJOINING EXISTING PARKING AREA WITH PLANNING DEPARTMENT APPROVAL AND TWO-WAY INGRESS - EGRESS ON NORTHWEST 7TH STREET ONLY, WITH NO ACCESS THROUGH 32ND AVENUE (ANY EXISTING ACCESS MUST BE CLOSED); ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY). WHEREAS, the Miami Zoning Board at its meeting of November 17, 1986, Item 2, following an advertised hearinq, adopted Resolution ZB 123-86 by a six to three vote (6 - 3), granting the Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 1 of 6, RG-1 General Residential (one and two-family), transitional uses, structures and requirements and Article 20, Section 2018, Subsection 2018.4 permitting a surface parking lot for the parking of private passenger vehicles for the property located at approximately 3201 Northwest 6th Street, Miami, Florida (more particularly described herein), as per plans on file, said proposed parking lot in conjunction with Denny's Liquors and the Mon Petit Club located at 3198 Northwest 7th Street; subject to: providing landscape on subject and adjoining existing parking area with Planning Department approval and two-way ingress -egress on Northwest 7th Street only, with no access through 32nd Avenue (any existing access must be closed); zoned RG-1/3 General Residential (one and two-family); and WHEREAS, concerned neighbors have taken an appeal to the City Commission from the granting of the Special Exception; and CIT�JAN:�4�2467 SION OF 'RESOLUTION No. •- ��� . Lcu�nre. WHEREAS, the City Commission after careful consideration of this matter, notwithstanding the decision of the Zoning Board, finds that the application for a Special Exception as approved by the Zoning Board fails to meet 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 in granting the Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 1 of 6, RG-1 General Residential (one and two- family), transitional uses, structures and requirements and Article 20, Section 2018, Subsection 2018.4 permitting a surface parking lot for the parking of private passenger vehicles for the property located at approximately 3201 Northwest 7th Street, Miami, Florida, also described as Lot 9, Block 1 BLAKE SUBDIVISION, as recorded in Plat Book 43 at Page 41 of the Public Records of Dade County, Florida, as per plans on file, said proposed parking lot in conjunction with Denny's Liquors and the Mon Petit Club located at 3198 Northwest 7th Street; subject to: providing landscape on subject and adjoining existing parking area with Planning Department approval and two-way ingress-eqress on Northwest 7th Street only, with no access through 32nd Avenue (any existing access must be closed); zoned RG-1/3 General Residential (one and two-family) is hereby reversed and the application for Special Exception is hereby denied. PASSED AND ADOPTED this 22na day of JU3nuary .W"87. ATTEAL... MATTY HIRAI City Clerk PREPARED AND APPROVED BY: '0411%UAW Nam, V . 1.1 L A%i 1 If7 .1 Assis nt ity Attorney AP TO FORM AND CORRECTNESS: UCIA A. DOUGHE TY City Attorney GMM/wpc/ab/M306 -2- TIER L. ARE , B'7ri16 - 5- P Z •13 ZONING FACT SHEET LOCATION/LEGAL Approximately 3201 NW 6th Street Lot 9 Block 1 BLAKE SUB. (43-41) P .R .O .0 . APPLICANT/OWNER Denny's Liquors, Inc. c/o Raudilio Lopez, President 3190-98 NW 7th Street Miami, FL 33125 Phone # 541-8028 ZONING 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, Schedule of District Regulations, page 1 of 6, RG-1 General Residential (One and Two - Family), Transitional Uses Structures and Requirements and Article 20, Section 2018, Subsection 2018.4 to permit a surface parking lot for the parking of private passenger vehicles on above site, as per plans on file, said proposed parking lot in conjunction with Denny's Liquors and the Mon Petit Club located at 3198 NW 7 th Street. HISTORY OF RECOMMENDATIONS AND ACTIONS BUILDING AND ZONING After receiving complaints from neighbors, August 1, 1986 Building and Zoning Department inspected property late at night to take photos of occurring violations. August 7, 1986 10 days violation letter sent to owner of property advised him to cease parking of autos on property. August 20, 1986 Reinspection of the property revealed no compliance and more photos were taken. August 29, 1986 Reinspection revealed no compliance at which time the case was referred to the Code Enforcement Board. October 7, 1986 Reinspected, found no compliance, photos taken. October 8, 1986 Code Enforcement Board reviewed case and continued until October 22, 1986. October 8, 1986 Complaint of illegal wood fence received and investigated by Inspector Glass, fence had permit, but was violating vision clearance. October 22, 1986 Code Enforcement Board continued case until November 19, 1986, so applicant can try to obtain a Special Exception from Zoning Board. CURRENT RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL SUBJECT TO LANDSCAPE PLAN APPROVAL BY FEWING UEFARTMENT INCLUDING THE ADJACENT — PARKING LOT. e subject request s in accord with the intent of Zoning Ordinance 9SOO. The abutting commercial lot is being used for parking in conjunction with Denny's Liquors and the Mon Petit Club. The proposed parking lot would serve as an expansion of existing parking facilities for private passenger vehicles. Ingress and egress would be through the commercial site only. The project meets the landscaping and parking. guidelines and standards and is designed in accordance with yard requirements of the district. The applicant is going to provide a five feet (S') masonry wall surrounding the property as a buffer to the adjacent residential area. There will be no loading activities on the premises. PUBLIC WORKS No dedication is required. DADE COUNTY PUBLIC WOR KS No objections. ZONING BOARD At its meeting of November 17, 1986, the Zoning Board adopted Resolution ZB 123-86, by a 6 to 3 vote, approving the Special Exception requested subject to conditions. One reply in favor and 14 objections were received by mail. Two proponents and 31 opponents were present at this meeting. APPEAL Letter of appeal dated November 20, 1986 was signed by several neighbors. ;1 A ^ A Ii 1= • �`"r�lt � II 2 = I� � I 0 uj > S 1 I 1 1 '? 12L1. Q 1• ! � 2 : 11 � 11 ft. • e : 13 ' 2r� 14 TIP 16 3 F316 4a V 4 , M 14 17 Q 3� �32 j9 N 16 . le Z ; 33 , M G % 16 19 34 7 ?� 7 17 20JA6 30 Z 21 2 36 !! 9 O Z 9 9 9 22 10 10 16 t3 1 37 s. I1 VAI Wnlcto% ,6 84 to 2. 11 12 13 11 12 I _ sull. 2 2d 26 1 4 12 4 2 b = .. 14•SoN N. W. 7 ST. • e5 so e0 •0 2 3 4 6 7 9 T�'j�'� • 11 09 '7 e 0 4 � 2 �iLli L IL 7 o al - W LOT ,J } W ( - eo 1• ,J 'K d- > 12 13 14 s ^ W 1 2 3 4 aga V > Q I 1 a 14 1 2 0 s�? Q a 1 e PAT Y A O R I i1 �5 N �j/ A 0 0 N W, _ S T. io Y 1 so so ee 10 9 0 •:', C 2 H o s 2 • 7 21 2 o •• W 20' 3 120 3 20 3 1 - 7 Q" 3 4 5 6 M 19 Ilicv 19 4 - N se �o 10 • _ 5. Is 6 Is S Is b 2 ••.' M I 6 t7 6 17 6 a 0 6 3 10 9 8 a Is 7 : N Z o 4 I6 t InN. W. =a 4 S 7 a la 0 7a.1 73 7, 77.1 c 6 . i 4 ' 14 9 3 14 a= 3, 14 s 0 0 4. TERi IX 13 10 Z - 13 10 13 IU• . 2 12 11 12 11 12 11 o 1 s v 1 ! 7 1 0 70 7111 Z' 6 4 d 1 3 4 3 02 1 3 2 2 1 Al Z e M '4 s IC Q i 7 a d z 6 a T s M ISO 7• 1 ZB 1/17/86 AS 26, 32 � AP I-1, I-2 N.W.. 3 ST. Item # 287-1161_ o J-1, -2 1 Approx. 3201 NW 6th Street 4 r'T V rl� �• '86 LSE! ; -1 Ftf` 07 November 20, 1986 Planning and Zoning Board Administration 275 N.W. 2nd Street Miami, Florida Dear Board Members: We are requesting an appeal of the decision that took place on Monday, November 17, 1986 on the item number 2. This decision granted •i Special Exception for Transitional Uses Structures and Requirements for a parking lot in conjunction with Denny's Liquors and the Mon Petit Club at 3198 N.W. 7th Street. We the neighbors of the Residential Area, where this will take effect, are against said decision and would like to appeal. Additionally we are requesting the hearing to be after 5:00 p.m. since we work and it would be difficult to attend otherwise. We would like to sincerely thank you for your cooperation. SofiaSofia latos� au Ros NA n J1►1 We the undersigned are requesting an appeal of item number 29 decided on Monday, November 17, 1987. 1 NAME ADD_ 00, xw i �U NV'3 ?iwiA V !KOI -01C, Qr� I' 9 ``�16U `i A K A� i We the undersigned are requesting an appeal of item number 29 decided on Monday. November 17, 1987. 1 N— ADDRESS Z W tO Ito U.laaaelc�`y�'b`"�' , ;•L � ,f � � r �� �i�.�, We the undersigned are requesting an appeal of.':i%%M.-: 4n6w 2. decided on Monday. November 17, 1987. 1,14, t , I NAME a 4 'a6oft-2 P12:22 •r 0 R4UL E) izc-s LV T Aa--RU/'&2 t)i.es aA Oo .� bZ L91tz 3�241 N W Co ST 1-.cT t�r per r; R A A 5zc Al W -03 �a A9 rE .1, 07 I - G L. IC *Z - Pa C4 I Z r IL+ 1 QZ I c 69%j TI t e- 12EZ w (V S T. 'A IK QTc s :?n :s2tjX A�.1.gT _ 1? I.,l.4a— f Q � /__-- ',' A rL L c S O.�Arc ►�"i-o P j Iu 3 Z A ✓� Le Tz —Q t_(d — PB io, --v ! �z�� ac:. cc r�lplr'`Ti N `�' .'S�s" iV_cy. 3 � ti.�Q d���' • �oT—L-3 [3u� � — P[3 � �••�F7 A- W 3 0LK - P Q q-.>-9/ 1, .l �k\Z o r .-r\ itCD N 3 A c-T- ti n 7'- C l3 W< .2 - PIS V a —V/ i We the undersigned are requesting an appeal of item numbee ft 1dtfded,on Mondays November 17, 1987. W! NAME ADDRESS '66 EEC, -•2 P12 '22 ;4 1134:7eTt' T,9 L 3 '2� GT: c'�'-.5�- BUC . h �, , �� ' _! LC�. ,T, s 1 f r r - �3 SIC - P Al }) f2 , MT. L1 12� P. a L(>-c h1 U-I.3 a e,- T, 4 cT S - 9 L I C 3 - P 13 V 3 - 4 1 L L- N w:3,a CT-!� o 7% 3- 13 L 14 Z- P a q:) J e r Ib•1'r v k i rc '�3 . M I Vl? L.-IC 3 U, - S Ll? N! tv 3 "� c•T - �• o 'r 4_�-��_ 3 -y 3 ., • 3 N u,► �3 p e.T. k T (.�� C3� �� hip `F 3 -C, caVC, Are'- S -PN ACL'T. �- ��-ij> T r — r A ALLe" o E - 31 sv &I w ,ST- L c%' Ce--7�1. s2 - . R « c Cr i a F, R'T' s'js" M . i c� • 3 ,-4 Vr"' L yr �,,_3_. p 8 --1 6 - '17 k 2, 9 I `,fie -ram 44 To: Building and Zoning Dept. Division . • !•fiami Commissioners Xavier Suarez - Mayor From: Concerned Residents Subject.: Zoning Change/Variance Date: March 4, 1986 We the attached residents, hereby protest and are fully against the approval of convertin the residential property iocated at 3201 N.W. 6 S reet, Miami, F1. 33125, into or for the use of a commercial parking lot for the bar named "MON PETITE" located at 32 Avenue and N.W. 7 Street. Additionally, we are against any use of this property other than for residential use. This protest is based in the zoning of this neighborhood which is residential. Additionally, there are several surrounding elementary and junior high schools which could create undue accidents or injuries for the children. The constant traffic of individuals leaving this bar under the presumed influence of alcohol could also create an unwanted atmosphere for our neiqhborhood and the protection of our children. We appeal to the Zoning Commission and the commissioners to repeal this zoning variance. If it is necessary, we are prepared to take this matter to court. :adb CC: Miami herald /o 87-17 6,— I�A mr- RoN z i lI t7 Sr e-c (!� S� r c 416 d cc/ , '-D- C -/-9- G&1/.D o /� • �i �� / AooAw %�..�2 5'�� IV w -31 c V/- Al e Z& / `t/ �� �� • / 6 eJ J - l ,l ) - r-14 -W z " > ci 61419 q-ct CIA v ►L�. �• r J, 1Z *(A 4A �b /(/ 3-//f Lz `/ Z/,u all Ali Q ,2 f6�/ -ems. c, �c-� w f F4 it 3y S"r C lei 76 oivk 5rq i o 5 ` — 13 'j�C���� ' '�f•fi I..c(.%i: 1' ref? I-H C) N P, i K I t r.) ,�� ivy. .2 � � S• �, �,_, �� �-� . .- �20 Y3 - 6, .s �� -/ � tt l s tic n 40 � — _ �r--____—_ _•-_ __ _.. _ — _�._ _...--.�-.___.—.—_._ / IC r .,s• ' •t � ' //� /i l ��' , � ;,,'' —"; . ` � •(J / C: �' G���; "ice � � .4 •�'�'ctf 1 F 5 a � AlAl3 IOL� `r �l y3 8'7-11�►� •RAMC ONbt,RE�S (1 (r) I-HON9`- • - 1 COUNTY DADE ) STATE FLORIDA) THE UNDERSIGNER, NOTARY ` I vL Z�TF'�GES OF S I GNA1 CITY OF MIAMI, COUNTY OF OR4GINALS. MIGUEL G. TRUYO NOTARY PUBLIC IUBLIC,, MIGUEL G. TRUYOL, HEREBY CERTIFY THAT THE JRES WITH ADDRESS AND F'HONE NUMBERS ARE DADE, STATE OF FLORIDA AND THAT THEY ARE F THE TRUE mnwi rnM Ir etnl( ^r r1.nr�p1 MY rrraI•cinn r.r, rAit n,111.1 Dn4r,rn mry rttt-r4 Plc, r'1U. SENDER: Conlpfate ears 1, 2.3 and 4. Put your address in the "RETURN TO- space on the 3 reverse side. Failure to do this will prevent this card from �.1 being returned to you. Ihe return receipt too will Provide you the name of the person delwwad to Ono the date of delivery. For additional few the following services are available. Consult posarlaster for far and check boxlesl < for sarvicelsl remosted. Z Y1. ❑ Show to whom, date and M"vr of delivery. 2. ❑ Restricted Delivery. Addrw to' 3. Article � 4e/ESL��s>}-2L'Z. 6 %W 4W C1z / 0,�'t✓ 04e 34--a AJ 4. Type of Service: Article Number ❑ Registered ❑ Insured ❑COD `� i ifred 7 O Express Mall Always obtain signature of addrasee2LWnt and DATE DELIVERED. 5. Signature — Addressee x x 7. Date of Delivery C _ s In S. Addresee•s AsdrINL a w�l n en rn 1 SENDER: Conlplate items 1, 2.3 aged 4: i Put your address in the "RETURN TO" Umm or► the reverse side. Failure to do this 00 prevent this card trap 1 t,f being returned to you. The retum receipt fee WHO provide, you the nary of the person delivered to and the, dot@ of delivery. For additional fees the following ssrv¢fs are available. Corouit posanaster tow fete end check box (tee) s for servicels) raopasted. ' a 1. ❑ Show to when, date atd oddr m of doliwry. ! i` 2. ❑ Restricted Delivery. v 3. Article Addressed to 2 o S w i o !-fie -,•, -►T p f3 /4, f -A- I4. Type of Service: Article Nlwnba► ° Registered co'l'o'd Pryg ❑ Express Wd i Always obtain signature of addressaegagent and DATE DELIVERED. 5. 94pwtufe — Addresses r ► - a 7 7. beis of Delivery L =t1 4 C 2 9 a AddroomWe Addy O « m A - �m f •1 L' 0 ® SENDER: Complete items 1, 2.3 and 4. Put your address in the -RETURN TO" space on the reverse side. Failure to do this will prevent -this cad from being returned to you. The return receipt fee wilt provide you the name of the pa►son delivered to and the date of delivery. For additional the I0110wMg sw'trees en M Consult postmaster, for few and check boe(es) available. far savicels) requested. 1. ❑ Show to whom. date and address of dallvery 2. ❑ Restricted Del;vwy. • 2. Article /1pd�V &� � V All ,l 4. Type of Service: ❑ Registered ❑ Insured Article Number q15 (r% � Certified ❑ COD 0/7 Express Moil Always obtain signature of addfeaegar Writ and DATE DELIVERED. 6. Signature - AOdressee �. � :�� �_� .0040 a 7. Data of Del y 6. Addrewes's Address (ONllf cited andfW C If n d e SENDER: Co III inras 1, 2. a all/ 4. w 3 Put your address in the -RETURN TO- space on this 3 reverse side. Failure to do the wile prevent thin card /rofn W I + being returned to you. The actual receipt fee win Provide You the nente of the tnrson delivered m aw the det• ofof r delivery. For additional fee the lellesvrrrg services are available. Consult postmaster for texts end cfnea boeles) c for taW"ll rettuwted. �s 1. ❑ Show to whom. date old address of delivery to + 2. ❑ Restricted Oalivery. 2. Article Addressed to: Lb I 4z z'o L) 4. Type of Service: Article Number ❑ Registered ❑ lnfund P/ yYyx,,2O Certified ❑ coo ❑ Express Mail Always obtain signature of pddratlKAL&Pnt aid DATE DELIVERED. r, O 6. Signature - assae , •� x le 6. SNne[u A / t M,r.M1, F m x 7. Date of DNlvery 2 c = S. Addressee's Address MNLY Itrr. In m 7 10 4 -lz;- 0 SENDER: Compla o irons 1. 2. S an4 4. Put your address in the *'RETURN TD" was On the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fail will wavida you the name of the person ONhrarad to and the dote of delivery. For additional low the following services are available. Consult peo mMM few few and check bowleal for tarvicels) Fewest*& 1. ❑ Show to whom. date and address Of delivery. 2. ❑ Restricted Delivery. �. rtrcle Addressed to: E� ALA PLfi z � 4. Type of Service: Arti * Nuurrn/Osr ❑ Registered ❑ lmu. P1z 7 7 7(,P Certified ❑ CDD ❑ Express Mail Always obtain signature of Oddressse$,gnu end DATE DELIVERED. , B. Signature — Addressee X fi. Signature — A t X 7. Date of DNkery G. Addrossae'a Addrm i v° i ANN!N' '86 .00T 20 P12 *07 APPLICATION FOR A CLASS O SPECIAL PERMIT OR SPECIAL EXCEPTION File Number OSE-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. 1, Raudilio Lopez, President of Denny's Liquors, In .hereby apply to the City of Miami Zoning t3oard for approval of, chec one: _ Class O Special Permit Special Exception for property located at 3201 N. W. 6th Street, Miami. Nature of Proposed Use (Be specific) Surface parking lot in conjunction with Denny's Liquors and Mon Petit Club located at 3198 N.W. 7th Street, Miami, Florida, 33125. Form 10-83 ' 1 Page I of 3 CIT? I attach the following in support. e � 28tiTrrmhis application: I. Two surveys of the p��e f prepared DY 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 .computations of lot area (gross and net), LUI ra required) with dimensions and tios (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 3751 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 $ 400.00 , based on following: (a) Class D 300.00 (b) Special Exception $400.00 (c) 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). Signature . . ner or- Aul7rorized Agent Name Denny's Liquors, Inc., By: Raudilio Lopez, President Address 3190-98 N.W. 7th street City, State, Zip Miami, Florida 33125 Phone 541-8028 STATE OF FLORIDA) SS: COUNTY OF DADE ) Raudilio Lopez, as President of Denny's Liquors, Inc., deposes an says t at a is the w-sWer (authorized agent o t e real property (described above; that he has read the foregoing answers and that the same'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 40 Page 2 of 3 I ANNA ^�veji,DENW'S LIQUORS, X. 'bb Ljl; i 20 am • (SEAL) By: Raudilio Lopez, 'President SWORN TO AND SUBSCRIBED before me this 8th day of October` ;"1986. ltr4 4�2 Notary Public, 5tcrte of FloridtjLarge MY COMMISSION EXPIRES: o• �_ 01 Flonda at • largo .nary P�!'.+... `'�Clfes Aug 23 t • STATE OF F'IL IDA ) SS. 00= OF DADE ) ' AFFIDAVIT '86 COT 20 P12:07 Before me, the undersigned authority, this day personally appeared RAUDILIO LOPEZ �, who being by Me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying 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 modification of a classification or regulation of zoning as set out. .in the accai:pany'ing Petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone 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=.ents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. DENNY'S LIQUORS, INC. (SMAL) (Name1 By. Raudilio Lopez, President Sworn to and Subscribed before me this 8th day of October 1926 Notary Public, State of Flori t Lu%e - My Cacrmission Expires: 6.ca.v Po.-iic. Sate of Fanda at large r , ^TT • '. i Zxpires Aug. 29 1990 Bonding Agency . • OWNER'S LIST 0 Owner's Name DENNY'S LIQUORS, INC. Hailing Address-3190-98 N.W. 7th Street, Miami, Florida, 33125 Telephone Number 541-8028 Legal Description: Lot 9, Block 1, of BLAKE SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 43, at Page 41, of the Public Records of Dade County, Florida. Owner's Name 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 listed as follows: Street Address Legal Description Lot 8, Block-1, BLAKE SUBDIVISION, 3200 N.W. 7th Street c Miami, Florida 33125 Street Address Street Address PB 43/41, Dade County, Florida Legal Description Legal Description Im Dt• SCLUS 1. Legal description and street address of subject real property: Lot 9, Block 1, of BLAKE SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 43, at Page 41., of the Public Records of Dade County, Florida; a/k/a 3201 N.W. 6th Street, Miami, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties aving 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 corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. DENNY'S LIQUORS, INC., a Florida corporation - 100% 3190-3198 N.W. 7th Street, Miami, Florida, 33125 Sole officer (President, Secretary -Treasurer) is Raudilio Lopez7755 West sixth Avenue Hialeah, FL 33012 Raudilio Lopez owns 66 2/3% of the corporate stock Jose Castro, 3123 N.W. 31st Street, Miami, Florida, 33142,owns 33 1/3% of the corporate stock. 3. Legal description and street address of an real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. . Lot 8, Block 1, of BLAKE SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 43, at Page 41, of the Public Records of Dade County, Florida; a/k/a 3200 N.W. 7th Street, Miami, Florida. DENNY'S LIQUORS, INC. OWSM OR ATIO MEY E'OR CkNER By: Raudilio Lopez, President STATE OF FLDRIDA ) SSi COMM OF DADE ) says tnat ne is cne to Per 1"UU%0&64�s — described in answer tion #1, above; answers and that the same are and coffpf for owner) that he has author to exem form on behalf of the cwner. SWOR1 TO AND 9U6SCKI8ID before me this day of ear, 98 4�'v i l W C0W5SI0t+,EXPIRES: (over) q duly sworn, deposes and r) of the real property he has read the foregoing Fd (if acting as attorney s Disclosure of Ownership NOTARY PUBLIC TE OF FLORID► MY GO:n'n15510t4 EXPI DEC 9CMUD THAU CENERAL R:S'C - N. d U. ,J at Large 87r.3.6 (SEAL) a q STATE OP FMPM A ) SS COUM OF DADE ) RAUDILIO LOPEZ being duly sworn, deposes and s says at a 3e y a appointee President of Denny 's Liquor I'�•• the owner of the real property deScrlbW in answer to question I -e; that he has read the foregoing answers; that the same are true and eom- plete; and that he has the authority to execute this Disclosure of Owner- ship form on behalf Of the owner. DENNY'S LIQUORS, INC. RAUDILIO LOPEZ, President SIti M TO AIM SUBSCRIBED before me this day of October . 98 5 • MY COMMISSION WIFM : GWwpc/ab/025 i1AC00 G - Not4jfy Public. State o Fl ida at Large EXHIBIT A STATE OF FLORIDA ) : SS COUNTY -OF DADE ) BEFORE ME, the undersigned authority, personally appeared Raudilio Lopez, who, after being first duly sworn, on oath, deposes and states as follows: My name is Raudilio Lopez, and I reside at 7755 West Sixth Avenue, Hialeah, Florida, 33012. I am the sole officer and 2/3 stockholder of Wenbury, Inc., a Florida .corporation. Jose Castro, who resides at 3123 N. W. 31st Street, Miami, Florida, 33142, owns 1/3 of the corporate stock of Wenbury, Inc. Wenbury, Inc. owns the business known as Mon Petit Club, which is located at 3198 N. W. 7th Street, Miami, Florida, the legal description of which is Lot 119 Block 19 Emmetsville, according to the Plat thereof, as recorded in Plat Book 16, at Page 47, of the Public Records of Dade County, Florida. Wenbury, Inc. does business as Mon Petit Club at the said location pursuant to a Lease Agreement with Thomas Barket, Jr. Wenbury, Inc. also owns the business known as Denny's Liquors, which is located at 3190 N. W. 7th Street, Miami, Florida, the legal description of which is Lot 10, Block 1, Emmetsville, according to the Plat thereof, as recorded in Plat Book 16, at Page 479 of the Public Records of Dade County, Florida. Wenbury, Inc. does business as Denny's Liquors at the said location pursuant to a Lease Agreement with Villa Corporation and/or Alicia Villa. FURTHER AFFIANT SAYETH NAUGHT. AUDILI0 LOPEZ SWORN TO aad SUBSCRIBED before me, the undersigned authority, by the said Raudilio Lopez, known to me and known to me to be the person described in and who executed the foregoing Affidavit, and he acknowledged to and before me that he executed same freely and voluntarily, and that the facts contained therein are true and correct to the best of his knowledge and belief. WrIMESS my hand and official seal at Dade County, Florida, this 21st day of October, 1986. NOTARY PUBLIC, State of Florid — My Commission Expires: Mato of Fl 5da at L4144 �Puolic. ExPlres A�4i 23, t9w � M"nod Bonder Agr"c) g7rti6 a4 MIAM1, FLQRIDA �3129 TC�[PNONE (�OSI �24.ObQ0 .+ENNr A. ^MOON, ATTOON[r AT LAW, 123 NORTHWlST 12r" AVENUE• � _ LEASC. COMMON 0'0010 Made this 30th 339 and Petw¢en herrirr called llte lessor herein Palled the. lessee , *AMGO OFORM 16 This lease; ':il 3 P, :,' day of October . A.D. 19 86 DENNY'S LIQUORS, INC., a Florida corporation, ,and WENBURY, INC., a Florida corporation, Ifitntsstth,rhal in consideration of the r•ovenanls her-rin contained, nit the purl of llte said lessee to be kept and performed, the said lessor do es hereby lease to the said lessee the follotitir►rddescribed property: Lot 9, Block 1, of BLAKE SUBDIVISION, Plat Book 43, Page 41, Dade County Public Records, a/k/a 3201 N.W. 6th Street, Miami, Florida, and Lot 8, Block 1, of BLAKE SUBDIVISION, Plat Book 43, Page 41, Dade County Public Records, a/k/a 3200 N.W. 7th Street, Miami, Florida. * This Lease is contingent upon zoning approval from the City of Miami for the use of the premises located at 3201 N.W. 6th Street, Miami, Florida (Lot 9, Block 1, BLAKE SUBDIVISION, PB 43/41) as a parking lot, and that this Lease shall commence forthwith upon the granting of said approval. 3O ItAUt And TO HOW the same fat• the term of -one (1) year from the *see above day of * , A. D. 19 , the said lessee paying thereforlite total rent of Eighteen Thousand ---- Dollars. And the said lesser rovenants with the said lessor to pay the said rent in monthly payments of $1,500.00 each oil thr '' clay of each and every month for the said torn, the first payment to he ►nade nit the * day of *see above to make tin unlautful, improper orofjensive its(, of the p►•rinisrs; not to assign this lease or to sub- let any part of said premises without file mrilten consent of /he lessor ; not to rtse said premises for any other purpose (hall (IS o , and to quit and deliver up,void pre►nises (it the earl of said lean in (is flood condition as they are hour (ordinary liar and derny and dantafle by the rle-menls only e.rcepled). And the said lesser hereby covenant and agree that if default shall he made in th,• payment of the err►I as aforesaid, or if the said lesser shall violate (till/ of the covenants of this tease, f/te►► said lesser shall hec•onte tenor►l cif sufferance, hrrehy tvaitihig all riylil of notice, and the lessor• shall be entillyd immediately to re-enter and re -lake possession of the de►nisec. premnises. INUSS ottr hunds and seals this 30th day of October , A. 1). 1.986 Signed, Sealed and 1)r•livrred itt ► resenc•e of: DENNY'S LIQUORS, INC., Lessor .�,' ..a... !..... ' LR�udil1iIR ' rLo ez....President .. :r WEABURY ., Les ee 1�J�. } . 1:,•. •. c •• o /ice �i B udiliLopez, President STATE OF FLORIDA, - COUNTY OF DADS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally ap�lCd Raudilio Lopez, as President of Denny's Liquors" , as Lessor, and as Wes of wenbury, Inc., as Lessee, for and on behalf ..Inc.,of the said corporations, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last .aforesaid this 30th day of October A. D. 19 86 t �IoWry P�G'1.. =1�ta CI iEC":1:. ,! LIV20 ' CimR'ISS:INS �1 t ,':� I.;:}►. za �Y �r.ru k1d)n,ud dalV011,� Aarlrcy `i . t C.::,[.4: �:� .. ...... annAod "� it liu/rua►rrrt ptipan'rrr hy: Henry A. Moon, Esquire Adfdi"..v 123 N.W. 12 Ave., Miami, FL 33128 • r UtAt;t:. COMMON FOAM RAMCo iOAM 316 This lea Madr this 30th day of October Nand Petwun DENNY'S LIQUORS, INC., a Florida corporation, herein called lire Iessnr , and WENBURY, INC., a Florida corporation, herein r•alled the lesser , , A. n. 1!1 86 'WWRth, That in consideration o f the covenants her•rirt contained, nit the part of the said lessee to he kept (tied pe►•forrrtrrl, the said Irssor• do es hereby lease to the said lesser , the follottlit►(ddesrribed property: Lot 9, Block 1, of BLAKE SUBDIVISION, Plat Book 43, Page 41, Dade County Public Records, a/k/a 3201 N.W. 6th Street, Miami, Florida, - and Lot 8, Block 1, of BLAKE SUBDIVISION, Plat Book 43, Page 41, Dade County Public Records, a/k/a 3200 N.W. 7th Street, Miami, Florida. * This Lease is contingent upon zoning approval from the City of Miami for the use of the premises located at 3201 N.W. Gth Street, Miami, Florida (Lot 9, Block 1, BLAKE SUBDIVISION, PS 43/41) as a parking lot, and that this Lease shall commefice forthwith upon the granting of said approval. 10 l' ut ad 30 Hold Ihr same for- lite lerm of one (1) year from the *see above day of * , A. n. 19 , lire" said lessee paying thereforthe total reril of Eighteen Thousand ---- Dollars. Artd lire said Iessre roneriants tvith the said lessor to pay the said rent in monthly payments of $1,500.00 ectc•h on the * day of each and curry month for the said terra, lire firs/ payment to he made nit lite * day of *see above to make no tinlaurftit. improper or offensive use of the premises; not to assit/rt this least- or to sub- let any part of said prentisrs ivithnnl Ihr upriltert (•onsenl of the lessor not to rise said premises for any other purpose than as a , crud to quit and deliver rip said premises at the rrtd of said ler►n in (is stood roridilion (is they are nun► (ordinary ivear and deray and damage by the elements only ex(-epted). and the said lesser herrhy rnvenonl and agree that if defanll shall he made in the paym,•nl of lite rent as aforesaid, or• if the said lesser shall violate any elf Ihr rovenattts of this Irase, their said lesser shall heronre tenant (it sufferance, hereby w(rivitty all right of nolirr% and /he lessor shall he enlitled intrnt-diately io re-enter and re -lake possession of the demised premises. 10RUSS our hands and seals this 30th d(ry of October . A. D. 1986 Signed, Sealed and Delivered in Presence of: DENNY'S LIQUORS, INC. , Lessor �. c. ` ,�►•. .. i Lo er.... President .. . �.., i;B see 7. Raudilio Lopez, Pieeiddht STATE OF FLORIDA, COUNTY OF DADS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personal) appe red Raudilio Lopez, as President of Denny's Liquors, Inc., as Lessor, and as resfdent of Wenbury, Inc., as Lessee, for and on behalf of the said corporations, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of October A. D. 19 86 1 votary PcG 1.. :tetft of Fi:"tt; my -r 1 JJt) :1.... A n� rtb •I, Mdynad dar0ut0 Agkrc� ' t.C..[.c; c;�.�. ��...... c-�. :�:.:`...I......... 'Ah Inorar tort pie faired Gy: Henry A. Amoon, Esquire �Irlrlrrxr 123 N.W. 12 Ave., Miami, FL 33128 ..� c 2 I f • LCA3t:. COMMON ROOM RAMCO ►OnM sa This leaslt�, P 1 :17 Made !Iris 30th day of October . A. n. ig 86 ];y and Between DENNY'S LIQUORS, INC., a Florida corporation, herrirr called fire lessor , arid WENBURY, INC., a Florida corporation, herein called the lessee joitnt%tth,Thal ire rorrsideralion of lice roaPtoanls hr►rirr rontained, oil the part of lite said lessee to he kept and performed, the said lessor do es hereby lease to the said lessee , the follou►ir►gdesc•ribed property: Lot 9, Block 1, of BLAKE SUBDIVISION, Plat Book 43, Page 41, Dade County Public Records, a/k/a 3201 N.W. 6th Street, Miami, Florida, and Lot 8, Block 1, of BLAKE SUBDIVISION, Plat Book 43, Page 41, Dade County. Public Records, a/k/a 3200 N.W. 7th Street, Miami, Florida. * This Lease is contingent upon zoning approval from the City of Miami for the use of the premises located at 3201 N.W. 6th Street, Miami, Florida (Lot 9, Block 1, BLAKE SUBDIVISION, PB 43/41) as a parking lot, and that this Lease shall commence forthwith upon the granting of said approval. 'ro Moue and yo Mold lire same for the term of one (1) year from the *see above day of ' . A. D. 1J _ tire said lesser paying thereforthe total refit of Eighteen Thousand - Dollars. And the said lessee conrncints tuith the• said lessor to pay the said rent in monthly payments of $1,500.00 each oil fire * clay of each and et►ery month for lice said terror. lire first payment to he ►nade nit lire * dory of *see above to make too antarrfat, improper orolfensiur rose of life pt•rtnisrs: not to nssig" ll►is lease o►• to sub- let any par•t of said premises rnilhout lire n►rillen rorrsrnt of lhr lessor : ►cat to age said premises for omit other purpose Ihcat cis a , and to grail and deliurr tip said pretnisrs ai Ill(, end (if said terra ire as flood rondiliorr ors Ihey are noon (ordinary itioar arid deray and danutge by lice rlrnu•nts only excepted). And the said lessor hrrrhy rotlrt►ai►l and agree that if defanll shall he made in ill,. paym, nl of Ihr r•rnl as afnr•rsairl, o►• if ll►e said lessee shall niolale ctny of Ihr ronrncrnts of this h•.rse, iheir slid lesser shrill hr•c•onrr Ir boat at sufferance. hereby ncaininll all rirlid of notice, and the Irssor shall fir entitled immediately to re-enter arid re -take possessinn of the demised prrnrises. Im(tuss our hands and seals this 30th day of October , :1. !). 1g86 Signed. Scaled and Delirrred ire Presence of: DENNY'S LIQUORS, INC., Lessor ► .�t._. ..:.a...:..:.._:,.. ' ''cRn� t•1i/Lo ez.... President .. ... • �►.' , , WEfdBURY, IRE.C. see • I, "%' g�Raudilio Lopez, President STATE OF FLORIDA, COUNTY OF DADE I HEREBY CERTIFY that on this day, before me, an officer duly :authorized in the State aforesaid and in the County aforesaid to take acknowledgments, persona% appe}rid Raudilic Lopez, as President of Denny's Liquors, Inc., as Lessor, and as r s ent of Wenbury, Inc., as Lessee, for and on behalf of the said corporations', to me known to be the person - described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of October A. D. 19 86 ' /C�r,, rr �`N� 1.,li.i �•: iE/CMid,tt. : 3! L;r Noaryr y U Aged ..•...... ...::x./-.'../. L aMufad ,r.►'; �1dynrJ 3�...~. , ..... <� lyric Ilulrlll►u•nl pnplrril Gy. Henry A. Antoon, Esquire �� /� q i FL 33128 p� A►ldn-ji 123 N.W. 12 Ave., M am , Mr. George Barket offered the following Resolution and moved its adoption. RESOLUTION ZB 123-86 AFTER CONSIDERING THE CITY'S FINDINGS AND RECOMMENDATIONS AND. THE PROPOSALS OF THE APPLICANT, THE ZONING BOARD MOVED THAT THE REQUIREMENTS OF SECTION 2305 OF THE ORDINANCE 95009 AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, WERE SATISFIED BY RELEVANT EVIDENCE IN THE RECORD OF THE PUBLIC HEARING AS DEMONSTRATED BY THE PETITIONER AND THEREFORE GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 95009 AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RG-1 GENERAL RESIDENTIAL (ONE AND TWO- FAMILY), TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS AND ARTICLE 209 SECTION 2018, SUBSECTION 2018.4 TO PERMIT A SURFACE PARKING LOT FOR THE PARKING OF PRIVATE PASSENGER VEHICLES AT APPROXIMATELY 3201 NW 6TH STREET, ALSO DESCRIBED AS LOT 9, BLOCK 1 , BLAKE SUB. (43-41) P.R.D.C.. AS PER PLANS ON FILE, SAID PROPOSED PARKING LOT IN CONJUNCTION WITH DENNY'S LIQUORS AND THE MON PETIT CLUB LOCATED AT 3198 NW 7TH STREET, SUBJECT TO PROVIDING LANDSCAPE ON SUBJECT AND ADJOINING EXISTING PARKING AREA WITH PLANNING DEPARTMENT APPROVAL,TWO-WAY INGRESS -EGRESS ON NW 7 STREET ONLY, WITH Ito ACCESS THROUGH 32ND AVENUE (ANY EXISTING ACCESS MUST BE CLOSED); ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAIdILY) . THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. Osvaldo Moran-Ribeaux, the motion was passed and adopted by the following vote: AYES: Ms. Basila. Messrs. Luaces, Romero, Barket, Moran-Ribeaux and Sands. NAYES: Ms. Morales Messrs. Gort and Milian ABSENT: Messr. Channing Ms. Fox: Motion carries 6 to 3. November 170 1986, Item Z ' Zoning Board