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Home My WebLink AboutR-85-0552N RESOLUTION NO. 85-552 A RESOLUTION AFFIRMING THE DECISION OF THE tbNING BOARD DENYING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, ARTICLE 20, SECTION 2034.2.2, PERMITTING THE ESTABLISHMENT OF A COMMUNITY BASED RESIDENTIAL FACILITY (CBRF) AT 1351 SOUTHWEST 23RD STREET, ALSO DESCRIBED AS LOTS 15 AND 16, BLOCK 57, EAST SHENANDOAH (14-55), AS PER PLANS ON FILE, FOR A MAXIMUM OF FIVE (5) RESIDENTS AND ONE (1) STAFF MEMBER; ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY). WHEREAS, the Miami Zoning Board at its meeting of April 22, 19850 Item No. 14, following an advertised hearing, adopted Resolution No. ZB-66-85, by an 8 to 0 vote, DENYING A SPECIAL EXCEPTION as hereinafter set forth; and WHEREAS, the applicant has taken an appeal to the City Commission from the denial of the SPECIAL EXCEPTION; and WHEREAS, the City Commission, after careful consideration of this matter, finds that the SPECIAL EXCEPTION as hereinafter set forth would adversely affect the public health, safety, comfort, good order, appearance, convenience, morals, and the general welfare; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The decision of the Miami Zoning Board in this matter is hereby affirmed and the request for a SPECIAL EXCEPTION as listed in Ordinance 9500, as amended, Article 20, Section 2034.2.2, permitting the establishment of a community based residential facility (CBRF) at 1351 Southwest 23rd Street, T. also described as Lots 15 and 16, Block 57, East Shenandoah (14-55), as per plans on file, for a maximum of five (5) residents and one (1) staff member; zoned RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) is hereby denied. CITY COMMISSION MEETING OF MAY 23 1985 ON ;40.85w-552 (REMARKS. __ i PASSED ANb AbOPTEb this 23td tray of MAY _ ___.._► 19856 MAURICE A. FERRE ATTEST! / MAURICE A. FERRE, MAYOR ePH G. ONGIE City Clerk GMM/wpc/ab/460 2 857552 .,*A Sergio Pereira Cit anager J relio E e z-L4go s 01. Planning and Zoning Boards Administration Department :;fv *?F MIAMI. rLORIOA .)-ATE- May 1, 1985 :TILE WOJECT: RESOLUTION - APPEAL BY APPLICANT SPECIAL EXCEPTION DENIED BY ZONING BOARD - 1351 SW 23 STREET e SRSNCES. COMMISSION ,,GENDA - MAY 23, 1985 PLANNING AND ZONING ITEMS NCLJSU,�E3 It is recommended that a review be made of the Special Exceptio denied by the Zoning Board permitting the continuation of a Community Based Residential Facility (CBRF) at 1351 SW 23 Street. On October 17, 1983, the Zoning Board adopted Resolution ZB 155-83 by a 6 to 0 vote, granting the Special Exception as listed in Zoning Ordinance 9500, as amended, Article 20, Section 2034.2.2, permitting the establishment of a Community Based Residential Facility (CBRF) at 1351 SW 23 Street, also described as Lots 15 and 16, Block 57, EAST SHENANDOAH (14-55), as per plans on file, for a maximum of five (5) residents and one (1) staff member subject to a six month review. On April 16, 1984, the item returned to the Zoning Board for review at which time they adopted Resolution ZB 35-84 by a 7 to 0 vote, granting continued approval of the Special Exception subject to a six month review. On October 22, 1984, the Zoning Board adopted Resolution ZB 100-84 by a 7 to 1 vote, again granting continued approval of the Special Exception subject to removal of an illegal dwelling unit on the premises and an inspection by Fire, Rescue and Inspection Services Department in 90 days from October 23, 1984, at which time the illegal dwelling unit ;rust had been removed. On Ilarch 22, 1985, an inspection was made by Fire, Rescue and Inspection Services Department at which time the property was found in noncompliance with the conditions of Resolution ZB 100-84. Upon review on April 22, 1985, the Zoning Board adopted Resolution ZB 66-85 by an 8 to 0 vote, denying the continuation of the Special Exception. One proponent present at the meeting. Backup information is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL :111 cc: Law Department NOTE: Planning Department recommends: DENIAL 857552 I .!laM19S!lSR.SI�RSlRS11S�SlI� — T i�4�1�11#.�j"�11�1�.afFtl:w'�.15'itr=Y1�i�..'h�JJ��Ji!r%'f�1�'i�f: �,i:ittiia'r,^�f�IMit�!l if ��r�':••..i.�'•.'T'�!"�`�J�A�i�-�i�Mt►`�'iL'�14:•d:fr:�!^�:i. - M A LOCATION/LEGAI. r ZONING FACT SHEET 1351 SW 23 Street Lots 15 & 15 Block 57 EAST SHENANDOAH (14-55) APPLICANT/OWNER Eva Avila 1353 SW 23 Street Miami, FL 33145 Phone # 854-4650 ZONING RG-1/3 General Residential (One and Two -Family) REQUEST Special Exception as listed in Ordinance 9500, Article 20, Section 2034.2.2 to permit establishment of a Community Based Residential Facility (CBRF) on above site, as per plans on file, for a maximum of five (5) residents and one (1) staff member. RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL SUBJECT TO A SIX (6) MONTH BOARD REVIEW AND OPEfl FOR CITY INSPECTION AT ALL TIMES.e proposed facility will ave no etrimental impact upon the surrounding area. The development is in accord with the CBRF guidelines and regulations. PUBLIC WORKS No dedication is requested. ZONING BOARD At the Zoning Board meeting of October 17, 1983, the Board adopted Resolution ZB 155-83 by a 6 to 0 vote, as anended, Article 20, Section 2034.2.2 which permitted the establishment of a Community Based Residential Facility (CBRF) at 1351 SW 23 Street, also described as Lots 15 and 16, 3lock 57 EAST SHENANDOAH (14-55), as per plans on file, for a maximum of five (5) residential and one (1) staff member and review in six months; zoned RG-1/3 General Residential (One and Two - Family). FIRE RESCUE AND See attached report dated 3/20/84. INSPECTION SERVICES ZONING BOARD At the Zoning Board meeting of April 16, 1984, the Board granted continued approval subject t0 a 6-month review. .xR � ..q.ta ti:r�.(Sa�;r�.�aif'�, y!��V�i4!;�':., �: •• 'r,i'i� : �:.p•t+11C�iii?:!•4'�'1�''w:• . � r.Y�'!�".1�� '?�.'fC�lidNSaIM'�KM�►`"t'r .t,. . ��y}'.. a �aLL • - -- _ ._,;� .``'.— 'y"{y,1�Mfti•�'!r".i'� '.�{.;�f`11.'r."' }�y`yl' Kr'i'/�:�h , PLANNING DEPARTMENT ZONING BOARD DENIAL. Although the facility meets CBRF criteria, and the current number of residents is within the allowed limit, it is not in conformance with the approved plans submitted at the time of application. When Zoning Inspection reviewed the subject premises on October 5, 1984, they found that an additional (third) and illegal two bedroom dwelling unit had been created from part of the facility originally presented for the CBRF. At its meeting of October 22, 1984, the Board adopted Resolution Z3 100-84 by a 7 to 1 vote, granting the continuing use with a review by the Department of Fire, Rescue, and Inspection Services in ninety (90) days at which, time the illegal unit must have been removed. If not in compliance, this Special Exception shall be returned to the Board for review in six (6) months. PLANNING DEPARTMENT DENIAL. The current number of residents is not wii nn the allowed limit. When Zoning Inspection reviewed the subject premises on March 22, 1985, they found that the illegal third unit had not been removed. ZONING BOARD At its meeting of April 22, 1985, the Zoning Board adopted Resolution ZB 66-85 by an 8 to 0 vote, denying the continuation of the Special Exception. 85-552 ... _.�:�.�::.a: ti�fw►.'�:ah�+:..�►.tiM►"1i1MiSc•rw�rr:�ai:w-�.t:t�.�.. �i.�-`:a��i.t�fi►',;?`_�.A.�'T!�rr�•,:�/ii�►��..t A~F,•�C�v��t"tjiw�/�+�l�:u':�:'. :v_.. ,.w•• - {tr.'.��v��.�.�• Y�rr: .rr��t+w 4wFli� >�..'�.T�':ii�� i'[*. - ^!41R'l�l�=' - ss % 20 Ef 7 a I 7S �A4RT c.4 14� 4, E7 ,a� 73 I. c 1 2 3 t- 4 7y I o SCH �UJ C) 17 IB I? �.Q 21 CORGI. Wh7 { ?�� ✓ �• to t 4FRES.CHUflCH4V T. PROPERTY `� ~ 4 p T 7 n � 7S 13S 33 34 3-3 I32 31 �30 20 213 S -W 21 ST ._,o 13 IzIII 10 9 i I� R�� i7 -(CORAL 7 6 S 4 3 2 '- 5 12 13 14 15 06 17 18 I Am 16 IS 14 13 7� I21 1 1 FQ 17 18 IS (1.O Z2 23 I`A S ,vv. 2 1 IG 13 14 13 12 1 1 1Q � 69 I7 1 4 20 Z I 22 23 I2 4 .. ro 1.� �zr�oo IS J 3 I o Fes, 21 Q 4 12 Irl I O 7 16 j 5 7 G 5 i+ V a 23 �2 i W A Y l w. " 2 T _. 3 3d 37I S T. . A '4". le" - W, A ol uj > .. .... 'a., ..r.•yQ►►t1t�� 1�1�'J.ti�U'l'1t-�� x;��''e.!•;fw�(:'!a:'$�itf'�i, ••�)', .. .�, z'�!!»'iX?a7F•'1Mtiiiri.Vit'rK,1r'iVi1 r!ylhC'.:•7'i. S:SS.R i.. •t: a• .. .t..•.-. 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 reasonebiv 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. I� J G ' )0\1— hereby apply to the City of Miami Zoning Boara for approval of, check one: / Class D Special Permit , y Special Exception for property located at i `J S . t "�' • , + Miami. Nature of Proposed Use (Be specific) f= StG h �Sh m �'!�� M r'� C� r`^rr� L tn_I i-z* r r' M r . V I M 1.l f-n f�i , 1; f' i Form 10-83 Page I of 3 85-5S� r y _. zh.a.•,a.rD:iIICl1�..,,jpr,r•Aim 16'7.t. ,.ylifA:+s�:►'ztY�.' off.._ '�'°�ya`�...�r. v►+!%.1:7�v�1!;:!•�` � s ,•.• r'iM'Y'�Y'�::'�3i",�,J:��"�r"'2'F�•rr.-...,iTw�R!!t�� ME 0 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. 1/ 1/ 2. Four copies of: site plan showing (as required) property boundaries, existing and proposed structure(s), parking, landscaping, screening, etc; building elevations (if required) with dimensions and computations of lot area (grass and net), LUI ratios (open space, floor area, parking, etc.), building spacing and height envelope. See Section 1304.2.](c). 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and ,ttach to application.). 4. Certified list of owners of realestcte within 371" redious from the outside boundaries of rcpert ccvered `'--y this application. (See Form 6-83 and att-ach to application). 5. At least two -_hotccrcrhs that show the entire property (land cnd improvements). 6. Other (Spec:;;•) 7. Fee of $ C ( (_ r, C , based on following: (a) Class D 300.00 0%) Special exception �400M W Surcherge equal to applicable fee from (a) or (b) above not to exceed $400; to be refunded if there is no appeal (City Cod ection 62-61). Signature Owner or Aut orizea Agent Name E v r. QL ,",I�"- Address 1 '� `j I S � 0 r-) i� t . City, State, Zip P IC. 1+'� .. -Phone �E' '; - �'; �=, - W % cT0 STATE OF FLORIDA) SS: COUNTY OF DADE ) on Lo being duly sworn, deposes and says that he is the (Owner) authorized agent o tie red! property described above; that he has read the foregoing answers and that the same are true cnd 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 t�•—�'v..'tiaMa's,iiiir�••�%.i�!�+ol��:..,.�1`�Ot!•,.rr. .w�. .+; t-.�_. .. �.': r�: ��.�if..�•eti+t`.itir't!��:�.f...!4•.ria.�'- 1. SWORN TO AND SUBSCRIBED before me this 2 3 "` day Of '0'%C.u5-t 8 • MY COMMISSION EXPIRES: Ka -me) Tot" ary Public, State at I- lorido at Large Page 3 of 3 r T T S r''1 fY cc iI.I . V C V , I C'L. who Ceirg by ri:` Umt dt I ;4-m, upon oath. deposes and 1. Tr_t :e is tha o::ner. or the leg,,al represe=ti7e of tahs carer, sum ttir4 the acc=un� y=, application for a public heas-J' as required by 0-,-_4L_--:cc 11o. 9500 of the Code of the City of Miami, 1- o ids, effectL-ig the real property located in the City of Mia as desc^ :ed. and listed on the pages attac rd to this affidavit and mde a par-, there-cf. 2. That all a.-:rers .,hic:i he represents, if arry, have given the:: full and ca:alete per...issicn for him to act in their behalf for he c.M_:r9 or „_-di:_cat-.cn of a cla s ' cation or regulation of zc.mrg as set out in 3. 7,= ..he =r at,.ac::ed hereto and made a of t:%.-:s Cc:"a_:'. the CL:."' nt ^2%?S, R'�� ' aG=u� ��SeS, ph.-_ne ::L' .:ors a-nd leg- desc-ni ticns for t:.e real p: r';a ry which he is the owner or l e_=' re^rasentative. 4. The facts .as represented in the a rlica:,icn and v tt d in cc-..4 cZicn ::nth this affidavit are true and cc.-:ct. ,A --then Pint. t ON '....�tS LIST Owntr I S I, aip bailing Address-J; G') 2-3 .-S fz--__ i e 1 ephone Number 30 5 Legal Description: LoIcs t'►ld �(� 131 ock S -7 _ �a5t S h�� n��uRh CJ4-55� Owner I s B ane <k m 0 `-- h.ai 1 i ng Address C. n--) L� Telephone Number SCE rYI4 Legal Description: Ow-ner' s Name SC{ me Mailing address Telephone „umber Le:�l Cescription: Any other real estate proper. •nrned individually, jointly, or severally (by cor;oration, partnership privately) within 375' of the subject sate is listed as follows: Street- Address Lecal Description Street Address Legal Description Street Address Leaal Descriotion 1- 85 • _ice_ r a.�._. � ..• OMMSU`CE OF %ZIMHtp sUq&I description and street address of subject real pf0peM: LSE13 15 C11A 1(4 r3 I LY-k t 7 L-C.st She- r)(,O cc, h (1 U -55) 135 I 5 LQ ) KA St 2. Owner(s) of suu�,t?'t real pro�., and- percentage of ownership. Not,-: City of Miami Ordinance No. 9419 requires disclosure of all parties having 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_ GhO�� n-)er)-60i1keC,,L-«'::l5; IUO °% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. OWNER `. . STATE OF FLOP.= j SS: MUM OF DADE ) rn5 i r', v I C� , being duly sworn, de;�oSes and. . says tnac one is the (Caner) (At rzarney-tor--Owner) of the real prope cty described in answer to question 41, above; that he has read the foregoing answers and that the same are true and axrplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. �• tee' SEW- _ SWOM4 TO PAID SUbSC 13ED before !re this A'. • day of -� ;�99 3 . •,. Notary Public, State of Florida at Large • MY COMMISSION EXXIFES: F40TARY P()?L!C STATE OF 55-552 FLORIDA MY CO•.�,M'SS'Cr+ EAPia 6Cr:D:D �N. tS 1' 0tSC=URE OF CJ IEitgHIp 1. •togal description and street address of subject real property! LC^E`5 15 C.11tA I (� I Lx- k ! 7 test S vlz n(,r-'dccj) 13.5 5 (-u Z ) 9,- CA: 2. Owner(s) of suv��.,ct real.. pm__t__ "r '3nd- percentage of ownership. Note: Citv of "Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingll, 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. V C• v i Gl 1 �, 01 fti 3. Legal descripticn and street address of any real prcperty (a) owned by any party listed in answer to question 920 and (b) located within 375 feet of the subject real prcperty. X ICJ CWNEFZ liiNER STATE OF FLORMA j SS: CCtTU= OF DADE ) m 5 � i r _ V ; being duly sworn, de;.oses and says tnat-ine is the (Cwner) (Attworney=tor--Owner) of the real pr•-)petty described in answer to question ;#1,. above; that he has read the foregoing answers and that tl:e same are true and corrplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. � � •( _..� (Flame) � SWOR 4 TO P1'M SUb5C BM 1 , before me this day �99 y of Notary Public, state of G Florida at Large MY C0MKaSSI N EXPIRES: NOTARY PU?L!C STATE OF " ' 85-552 FlOR1DA MT CC,.tMissicr4 EAi'ioES �N : S i�o: ii BCND:D ifN f' r • j M= OF FLCRMA ) SS: COMM -OF DADE ) 01 ff�e7. E V C"1-+ V ► I �L r bean duly swnrn, dep•`sue mid � sags that she is =e duly appo Lntec of , the owner of the real property described in answer to question at vm. that he has read the foregoing answers; that the same are true and cwn- plete; and that he has the authority to execute this Disclosure of owner, ,- ship form on behalf of the owner. I �. SUMN M A14D SUBSOIBED Mfore me thi.: day of DEC COMMISSICN, L_-XPI1Rm : NOTARY PUBLIC STATE OF FLORIDA MT COMMISSION EXPIRES JAN 25 1967 BONDED THRU GENERAL INSURANCE UNO (SEAL)► (ram) ►) Notary Public, State o Florida at Large • ..�► � S5-5S�. "mool ,V - .. . - - ..........-- - — . . 6oftW=WAWA* PLANNI:,, C, :i;. I C, / U q,07 C 231J�,r 7t- oLe- 62 a/,