HomeMy WebLinkAboutO-09958LI-54-1211
12/4/84
ORDINANCE NO. 9 9 J 8
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORtDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY
3000-3006 AVIATION AVENUE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM
95-2/2 ONE- PAMILY DETACHED R8SIDENT'IAL TO
RO-2.1/5 RESIDENTIAL -OFFICE AND APPLYING THE
SPI-3 COCONUT GROVE MAJOR STREETS OVERLAY
DISTRICT AND BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
45 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND DESCRIP-
TION IN ARTICLE 3, SECTION 300, 'THEREOF;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of Decem-
ber 3, 1984, Item No. 5, following an advertised hearing, adopted
Resolution No. ZB 120-84, by a 5 to 2 vote, RECOMMENDING APPROVAL
of a change of zoning classification, 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 grant
this change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 9500, the
zoning ordinance of the City of Miami, Florida, is hereby amended
by changing the zoning classification of approximately 3000-3006
Aviation Avenue, Miami, Florida, more particularly described as
Lot 8, TRIANGLE CO'S SUB (7-162) and Lots 18 and 19 less that
portion of Lots 18 and 19 lying southwesterly of the south-
easterly extension of the southwesterly line of Lot 8, TRIANGLE
CO'S SUB (7-172) Block 2, OCEAN VIEW HEIGHTS (2--86) of the Public
Records of Dade County, Florida, from RS-2/2 One -Family Detached
Residential to RO-2,1/5 Residential Office and applying the SR1_3
Coconut Grove Major Streets Overlay Distract,
9tction 2. it is hereby found that this zoning classi-
fication change.
(a) is in donformity with the adopted Miami Comprehensive
Neighbothood Plan,
(b) is not contrary to the established land use pattern;
(c) Will not create an isolated district unrelated to
adjacent and nearby districts;
( ) is not out of scale with the needs of the neighborhood
or the City;
(e) Will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools` utilities, streets, etc.;
(f) Is necessary due to changed or changing conditions-
(g) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) Will not create a drainage problem;
(j) Will not seriously reduce light and air to adjacent
area;
(k) Will not adversely affect property values in the
adjacent area;
(1) Will not be a deterrent to the improvement or develop-
ment of adjacent property in accord with existing
regulations;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare;
Section 3. Page No. 45 of the Zoning Atlas, made a part
of Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
Section 4. All ordinances, code sections, all parts
thereof in conflict herewith are hereby repealed insofar as they
are in conflict.
Section 5. Should any part or provision of this Ordi-
nance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance
as a whole.
Mautice A.
MAURICE A. FERRE# Mayor
RALP G. ONGIE
Ity Clerk
PREPARED AND APPROVED SY!
G. MIRIAM MAER
Assistant City Attorney
APPROVeDe TO FO AND CORRECTNESS:
LUCIA A. DOUGH
City Attorney
GMM/wpc/pb/369
Clerk of the City of Miami, Florida,
hereby cei-lify that on the ..... 17 .... &y of .... ...........
A. D. 19-9 a full, true and correct cty of the Z!h.)VC
,.n., toregoing, ordimince was posted it Ih- So I D,,)r
o: iii-, Da-.'. County Court at ill.- prov:&d
for nofic.s and pub.ica;ions by attaching said c,.:-,y to
the piace provided therefor.
WITNESS my build and the official seal of said
.City this.jgl-'.—day D. 19.-,CF(a Clerk
....................
...... .
. . .. .. ... . ............. ................ . .....
- . - "21--r/n AM . ty Clerk
K
!Ve CF .MIAMI. FL.-_,AICA
i
ti
Howard V. Gary GATE: December 5, 1984
City Manager
r ,;uajECT ORDINANCE - RECOMMEND APPROVAL
CHANGE OF ZONING
3000-3006 AVIATION AVENUE
elio E. s
COMMISSION PAGENDA - DECEMBER 20, 198 *
Planning and Zoning Boards PLANNING AND ZONING ITEMS
Administration Department NGIOSURES:
It is recommended by the Zoning
Board that the Change of Zoning
Classification in the Official
Zoning Atlas 'of Zoning Ordinance
9500, as amended, from RS-2/2 One -
Family Detached Residential to
RO-2.1/5 Residential -Office and
applying the SPI-3 Coconut Grove
Major Streets Overlay District to
the property, located at 3000-3006
Aviation Avenue be approve
The Zoning Board, at its meeting of December 3, 1984, Item 5, following an
advertised hearing, adopted Resolution ZB 120-84 by a 5 to 2 vote,
recommending approval of the Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 9500, as amended, from RS-2/2.One-Family
Detached Residential to RO-2.1/5 Residential -Office and applying the SPI-3
Coconut Grove Major Streets Overlay District to the property located'at 3000
3006 Aviation Avenue, also described as Lot 8, TRIANGLE CO'S SUB (7-162) and
Lots 18 and 19 less that portion of Lots 18 and 19 lying SW'ly of the SE'ly
extension of the SW'ly line of Lot 8, TRIANGLE CO'S SUB (7-162), Block C,
OCEAN VIEW HEIGHTS (2-86). '
Eight objections received in the mail; sixteen opponents present at the
meeting; four proponents present at the meeting.
Backup information is included for your review.
An ORDINANCE to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration of the City Commission,
z
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ZONING PACT SHEET
LOCATION/LEGAL
3000-3006 Aviation Avenue
Lot 8
TRIANGLE CO'S SUB (7-162)
•--------
- •and
'
Lots 18 & 19 less that portion of Lots 18 & 19
lying SW'ly of the SE'ly extension of the
SW'ly line of Lot 8, TRIANGLE CO'S SUB (7-162)
Block C
OCEAN VIEW HEIGHTS (2-86)
OWNER/APPLICANT
Arthur & Maryann Stifel
317 N. Coconut Lane
Miami Beach, FL 33139 Phone 532-1550
-
Steven M. Fried
(Power of Attorney)
9 NE 9 Avenue
Fort Lauderdale, FL 33304 Phone 563-4541
Hernando Carrillo
—
(Power of Attorney)
3460 S. Dixie Highway
Cocouut Grive, FL 33133 Phone 446-4383
Alberto R. Cardenas (Attorney for Applicant)
5408 SW 138 P1 Phone 226-8549
-Miami, FL 33175
ZONING
RS-2/2 One -Family Detached Residential
REQUEST
Change of Zoning Classification in the Official
Zoning Atlas of.7oning Ordinance 9500, as
amended, to RO-2.1/5 Residential -Office and
applying the SPI-3 Coconut Grove Major
Streets Overlay District.
_
RECOMMENDATIONS
9
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C
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1!1�00ilvi;Ul
PLANNING DEPARTMENT'.
DENIAL. The proposed change it not in accord
With the Miami Comprehensive Plan. The RO-2.1
(Residential -office) district designation is
intended for some sectors of Coconut Grove facing
S.W. 27th Avenue where existing patterns of
development and emerging development trends
support regulations particularly adapted to a
combination of residential and office use plus
convenience commercial establishments designed
primarily to serve the neighborhood. The subject
property does not face S.W. 27th Avenue, and
furthermore there is not a need for additional
commercial or office zoning in the subject area.
Such a change would be an undue encroachment into
a stable residential area.
PUBLIC WORKS:
The existing sanitary sewer system that serves
this property was not designed for the sewage
flow that could be generated if the property is
rezoned RO-2-.1/5
DADE COUNTY
No comment
TRAFFIC AND
TRANSPORTATION
ZONING BOARD
At its meeting of December 3, 1984, the Zoning
Board adopted Resolution ZB 120-84 by a 5 to 2
vote, recommending approval of the above.
CITY COMMISSION
At its meeting of December 20, 1984, the City
Commission gassed the above on First Reading.
At its meeting of January 24, 1985, the City
Commission continued action on the above to
its meeting of February 14, 1985.
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APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number ZA-83•-
1, STEVEN M. FRIED y hereby apply to the City Commis-
sion of the City of Miami for an amendment tote Zoning Atlas of the City of Miami as
more particularly described herein and, in support of that request, furnish the following
information:
I. Address of property 3006 Aviation & 3000 Aviation Ave.
2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
I Affidavit disclosing ownership of>property covered by application and disclosure of
interest form (Form 4-83 and attach to application).
Certified list of owners of real estate within 375' radius from the outside
boundaries of property covered by this application. (See Form 6-83 and attach to
application.)
5. At least two photographs that show the entire property (land and improvements).
6. Atlas sheet(s) on which property appears 45
7. Pre'sent Zoning Designation RS - 2/2
8. Proposed Zoning Designation Ro - 2.1/5
9. Statement explaining why present zoning designation is inappropriate. (Attach to
application)
_ _10. Statement as to wh ro osed zonin desi• nation isa
Y P P g g ppropriate. (Attach to appli-
cation) -•
Other (Specify)
_•,.12. Filing Fee of $ according to following schedule:
(a) To: RS-1, RS-1.1, RS-2, B00.00
.04 per sq.ft. of net lot area, minimum
RG-1, PD-H, PD-MC,
(b) To.- RG-2, RC-2,1 Q,q6
: per sq.ft, of net lot area, minimum
RG-2,3, RO- I �350100
RO-2,1
W TO; RG-2.2, RG= , M0.00
08 per sq.ft, of net lot area, minimum
RO ; 3
c
ir: E`��i'�°i^�,.va'.�.�ltlE�4j°��ti?Stb',►'ymiri��`i�+14��Sa:�'�+rd' ,+s,'�'�Et�t �:'S�:��:ym1�t41�2'.'�,':��!14�i�4r+�fiW�", 4kr ±�ti:++[��WoV�,yaai�a,�j��`
(d) To: CR-I, CR-2, $0.10 per sq.ft. of net lot area, minimum
CR=8, Oil, CC -I, 500.00
CC-2, WF-I, WF-Ft,
1-10 1.2; SPI-1 p2,5,7,
8,9,1 1012
(e) To,. CBD=1, SP1-6 0.12 per sq.ft. of net lot area, minimum
V00.00
(f) For any change in a sector number only, for a particular district classifica-
tion, the fee shall be the same as for a change in its district classification, as
shown in (b) through (e) above.
(g) Surcharge equal *to applicable fee from (a)-(c) abo e, npt to exceed $500.00;
to be refunded if there is no appeal. (City Code ctn 62-61)
Signature__
Name S7et- 12,- r .�
i
Address
Phone -51 3 - ySY
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
C7 7 -t-t oltl (. ��I P(' , being duly sworn, deposes and
Oft says that he is the Owner) Authorized Agent for Owner) of the reai'property described in
answer to question #1, above; that he has read the foregoing answers and that the some are
true and complete; and (if acting as agent for owner) that he a auth 0ty to execu-te this
petitiori on behalf of the owner. I.
SWORN TO AND SUB$CRIEED
before me this tV day,
of /L'oy— 78.Ll
MY COMMISSION EXPIRES:
Notary Public, State of florid$
tdy Commi$jion Expires March 72, 190
1;4404 My 710V ;son, In 4Hnn, InS.
0
Form 2S-$3
otory Publ' / Late of F)?rida of Large
4
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�r.
Hernando A. Carrillo
URBANIST & ARCHtMECT
UW SOUTH OWE HIGHWAY, COCONUT GROVE, FLORMA 33133
(30S) 446.4383
November 15, 1984
i
City of Miami
Planning and Zoning Board.
Aurelio Perez-Lujones, Director
275 N.W. 2nd Street
Miami, Florida 33028
Dear Mr, Perez:
This letter represents a response to items(? &18 on the application
for a zoning change.
As you know, the existing property has 17,000 sq.ft., approximately
600 of which are currently zoned R/0 2.1/5. We are seeking a zoning
change so that the entire property will '5e"unified u":ider- one zoning
designation and may be developed in harmony with the existing
develop-
ments in the,area. In addition, I own, the duplex located at
2685 Bird
Avenue, zoned R/0 2.1/5, which has approximately 2,250 sq.ft.
of lot
area.
Aft
.
The inappropriations of the existing zoning are that the properties,
since they are contiguous, should be one zoning designation.
"
Si cerely yours,
V
and Carrillo
IiAC / s j
V
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.
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STATE OF DA)
ss.
CUP= OF OADS )
Sefore rye, the under tied authority, this day pertorally
appeared
r?. a.�..- • .._. ,r ,::...._,. w who being by rre Pir t duly gwor t,
�,Il� ,-�..
upon oath, deposes and says:
1. ThA he is the owner, or the legal representative of the
owner, submitting the accompanying application for a public hearing as
required by Ordit=ce 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 mane a part thereof.
2. That all owners which he represents, if any, have given their
full and conplete 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 accompanying petition. r
3. That the pages attached hereto and made a part of this
affidavit contain the current names, i13ng 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 documents
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
Sworn to and Subscribed before me
this` � day of�/7-�►�1s�
Notary Public, State of Florida t Large
My Comni.ssion Expires:
' � Y •i
.� r -r:Xwd+•t n
P•� its .. ',*, ;; .•
YY•�r, !!1:
{� Lb en(t",am . Ca&d enaa, fat t y
Owner's dame
Mailing Address 3/7 IVY CveoAut Lane; 14LamL Beach, f.Ca.
Tdl ephone Number
Legal Description;
Lot 8, T ,ti:angLe Co 'A Sub (7=/62) and
�.ti that hv�tti.vn v� L-vt�. /8
19 .CYLA'a Sal ju v� tho- se,L extenhi.vrt
SW'J-y ZL/tt v� Lot 8 /-&Laitg, o- Cv;,i Sub (7-'162),
Owner's Name Do -can V Lo-w l! Lght i (2-86)
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
3000 4vLatLon Ave.
T=i-a ALP Cv; a Suh (7-/62)
Street Address
3006 AvLatLvn Ave.
Street Address
WWJ
b1scor
1. Legal desc'ri tion strreet addre..s f jets, dl p t.
30d6 and 3bp0U 11,�Lati.on Ave, oe', �� ana j , Udt PontL n
v Lvta 18 & 1 L LY Ita sw':Ly u� the S 'L exten&%dn v the Sly
Lc ne o� Lug 8 / &Lan�Le Co A Sub (7-162), 6Lh, G, Ocan V LeW
}l t� (2-86) .and Lot 8, i &Lang.Le Co'& Sti
ub (7G162)
2. Owtet(s) of Sw.,�gtt teal p ,,: d percentage of ownernhip,
4, 6ttt City of Miami Ordinance No. 9419 requires disclosure of all patties
having a financial interest, either direct or indirect, in the subject
matter of a ptesentationo request or petition to the City coffaitsion.
Accordinglyt question #2 requires disclosure of all shareholders of
cotpoettions, beneficiaries of t=8ts, acid/br any other: intetrested patties,
together with their *addresses and ptbM rtionate interest,
A�tthu`n and l anyann St L4,Z: /00%
317 N, Cocvnu't Lane; MLaML 6eaeh, FLa:
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question 42, and (b)located within
375 feet of the subject real property. .
Lot 9 T&Lang,Le Co'& Sub '(7-162) and potitLoni. o� Lots.
•18 and /9, not Lnr-,6uded Ln auG feet -ante, l3Lh C,
Ocean V Lew //ata (2-86)
3000 and 3006 AvLatLon Ave.
MNER OR A`TIURIEY FOR GWiER
. A.LGe2ty 4: t�cadena.r, Attu.
STAME OF FLORIDA ) SS:
MR4TY OF DADE )
ALGe&to R. Ca&denaa , .being duly sworn, deposes and
says that ne is the Akwaez)c(Attorney for Owner) of the real property
described in answer to question plt above; that he.has read the foregoing
answers and that the same are true and complete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
S'•�F►�I �'D P� Ste.
f�Lde2ty ! , czn�dena4, At-ty.
befQro-r this
day ot:9
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STATE OF =tea 7
COTS OF A
Before me, the undersigned authority, thiv day pernnally
appeared RI/09nJ �' who being by ne rirst duly gworh,
upon oath; deposes md say-s:
I. That he is the ovmer, or the legal representmtive of the
owner, suhtitting the accompt-mying application for a public h� as
required by OrtU=ce No. 0500 of the Code of the City of Miami, rJorda,
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 arty, 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
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the accompanying 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
sut:.,itted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not. 11
Sworn to and Subscribed before me
this day of )Z'� --'/19
y
Notarf Public, State of Florida at Large
My CoRrassion Expires:
NOTARY PUBLIC STATE OF FLORIDA
MY Comm I SS i ON EXP I RE5 APR 18 19 8 7
90NDED THRU GENERAL INSURANCE UNo
- (Name I
NNU't LIST
Owner, I Name
Mailing Add `" W
Telephone Number.
Legal bescription, „
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Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
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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
Street Address Legal Description
Street Address Legal Description
10
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BOWER CE ATTORNEY
KNOW ALL MEN BY THESE PRESENTS
THAT STEVEN M. FRIES► HAS MADE, CONSTITUTED AND APPOINTED, AND BY
THESE PRESENTS DOGS MAKE, CONSTITUTE AND APPOINT HERNANDO A. CARRILLO
TRUE AND LAWFUL ATTORNEY FOR HIM AND IN HIS NAME, PLACE AND STEAD
THIS -POWER OF ATTORNEY IS BEING EXECUTED FOR THE PURPOSE OF REPRE-
SENTING THE FEE OWNERS IN CONNECTION WITH AN APPLICATION FOR REZdNING
BEFORE THE MIAMI CITY COMMISSION FOR AND UPON THE FOLLOWING DESCRIBED
REAL PROPERTY:
LOTS 18 AND 19, BLOCK C, OCEAN VIEW HEIGHTS, PLAT BOOK
2, PAGE 86► AND LOTS 8 AND 91 OF TRINGLES CORP.
SUBDIVISION, PLAT BOOK 7, PAGE 1621 PUBLIC RECORDS OF
DADE COUNTY, FLORIDA. -
GIVING AND GRANTING UNTO SAID ATTORNEY FULL POWER AND AUTHORITY TO DO AND
PERFORM ALL AND EVERY ACT AND THING WHATSOEVER REQUISITE AND NECESSARY TO
BE DONE IN AND ABOUT THE PREMISES AS FULLY, TO ALL INTENDS AND PURPOSES,
AS HE MIGHT OR COULD DO IF PERSONALLY PRESENT, WITH FULL POWER OF SUBSTI-
TUTION AND REVOCATION, HEREBY RATIFYING AND CONFIRMING ALL THAT SAID
HERNANDO A. CARRILLO OR SUBSTITUTE SHALL LAWFULLY DO OR CAUSE TO BE DONE
BY VIRTUE HEREOF.
IN WITNESS WHEREOF, I HAVE HEREUNTO • SET MY.. HAND AND SEAL THE N
DAY OF NOVEMBER, 1984.
SEALED AND DELIVERED IN THE
PRE FENCE OF:
L-� L
STATE OF FLORIDA )
'COUNTY OF ) SS.
BE IT KNOWN THAT ON THE DAY OF NOVEMBER, 1984, BEFORE ME, A
NOTARY PUBLIC IN AND FOR THE TATE. OF FLORIDA, DULY COMMISSIONED
AND SWORN, DWELLING IN THE CITY OF -4 L4 T � PERSONALLY CAME
Y
AND APPEARED 1`EVEN M. CRIED t TO ME PERSONALLY XNOWN AND KNOWN TO M TO
EE THE SAME PERSON DESDAIEED IN AND WHO EXECUTED THE WITHIN POWER OF
ATTORNEY, AND HE ACKNOWLEDGED THE WITHIN POWtA OF ATTORNEY TO DE HIS ACT
AND DEED,
IN TESTIMONY WHEfOro I HAVE HEREUNTO SUDSCEIOED MY NAME AND
AFFIXED MY SEAL OF OFFICE THE DAY AND YEAR LAST AOOVE WRITTEN,
��lj�L,I� %
MY COMMISSION EXPIR55: b�'AF�Y V
tNobty nuhlit, rtao of Fibtid�
tly Com6slio ►:Y0!tt-s Matth 22, 1955
bundcd fl.Yu teov fdin insuUnc., Inc.
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Know R11 Thn By Thest pasents
That ARM C. a► III AM MARYAM MM, his Wife
lid Ve ntiade, eotistituled and appoinled, and by these presents do make, co►islitute and ap-
point 8MV M. FRIED their true and
lawful allornry'lor then and in their nanre, plate and stead
to ekecute that certain A ree rent of Sale and Purchase by and beh4ean AImn C.
III and MARYANN STIM, his wife+ as Sellers, and MM ANW A. CARRI= or
Assigns, as Surer, and to do all things and perform all actions netessary to convey -
the title to the following property. -
Lots 18 and 19, Block C, OCEAN VIEW 1EIMTS, Plat Book 2, Page 86, and Lots 8
and 9 of TI'RI4= CORP. SUED SION, Plat Book 7, Page 162, Public Records of
Dade coo ity, Florida, together with all improvements thereupon in "as is/
where/at" condition.
giving and granting unto STEVEN M. FRIED said attorney full power
and authority to do and perform all and every act and thing whatsoever requisite and necessary to
be dune in and about the premises as fully, to all intents and purposes, as they might or could do
if personally present. with full power of subslilution and revocation. hereby ratifying and confirm-
ing all that STEVEN M. FRIED ' said attorney or
his substitute shall lawfully do or cause to be done by virlue hereof.
In 10it=s Thereof, we
seal s the 16th day of November
hundred and eighty-four.
have hereunto set our hands and
. in the year one thousand nine
Sealed and delivered in the presence of
�. `: ( � �j4� _` l'1�'.'r.• ��::j.. '"�� (L. S.)
..... { :. //. i�...r..._.�._....»_.._..___..._..... w...._»..._.. ARMUR; C. STI.c'EL II .
MARYANN ST4rM
Mate of FLORMA
County of BWWD
BC If &OWn, That on the 16th day of November one
thousand nine hundred and eighty-four , before me, Dominick F. Miniaei,
a Notary Public in and for the Stale of Florida
duty commissioned and sworn, dwelling in The city of Ft. Lauderdale
personally came and appeared AR= C; STIM III and MARYAMI STIFM to mg personally
known, and known to me to be the game person S described in and who executed the within power
o/ attorney, and they acnawte,dyEd the within power of attorney to he teas act
and deed.
TtSaWll htrevf, I have hereunto subs .vibed my name and n17,7xrd my scat of o
fi'cr
the day and car Iasi above written. �
�•.:: A/ r"If I r $[.3.i a ►ie sir il�A�e/�kt .e e.e t� �+• stptrs.s rr7i..Rreee.�st►.r. R f
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3000-3006 Aviation Avenue
Lot S
TRIANOLE CO' S SUB ( 7-162 )
�and-
Lots 18 & 19 lead that portion of Lots 15 & 19
lying SW' y of the SR' ly extension of the
SW' ly line of, Lot A, TRIA14GLE CO' S SUS ( ` -162 )
Block C
OCEAN VIEW HEIGHTS (2-86)
Change of Zoning Classification in the official Zoning Atlas of
Zoning ordinance 0600> as amended, from RS-2/2 one-Vmily
Detached Residential to Rd-2.1/5 Residential office and applying
the SP1-3 Coconut Grove Major Streets overlay District.
Secretary filed proof of publication of Legal Notice of hearing
and administered oath to all persons testifying at this meeting'.
PROPONENTS-. 4
OPPONENTS : 16
Mr. Perez-Lugones: Mr. Chairman.
Mr. Gort: Yes, sir. Ms. Fernandez.
Ms. Fernandez: Mr. Chairman, members of the
Board, we are recommending denial of the proposed change. The
proposed change is not in accord with the Miami Comprehensive
Plan. The RO-2.1 Residential Office district designation is
intended for some portions of Coconut Grove facing 27th Avenue
which offer a combination of offices and commercial and
residential and the commercial is only for the purpose of meeting
neighborhood needs. This property does not face 27th Avenue. We
feel that this is an encroachment into the residential area and
without saying anything else, I'm going to, at this time,
introduce Mr. Jack Luft who is the planner of the area who is
going to speak. Thank you.
Mr. Gort: Thank you.
Mr. Luft: Thank you. Good evening, Mr.
Chairman, members of the Board, ladies and gentlemen, the issue
as so often the case is much larger than the question of this
parcel and this block and a few lots, too, around it. Given the
circumstances of this property located as it is on Aviation
Avenue'a through, connecting street and along a very'difficult
disorganized; if you will, array of lot lines and connections and
zig-zags that are 'historical residue of platting and street
improvements that date back many years, there are some difficult
edges to deal with along 27th and Aviation and Tigertail and
Bayshore. It is not a neat, little geometric pattern where we
draw squares and everything is at right angles and you have sharp
divisions. It is a temptation in circumstances such as this to
view some of these lots as sort of betwixt and between neither
quite here or there. Things tend to want to slide around a
little bit, move to try -to take into account some of these
overlaps, My point in appearing before you tonight is to help
you understand the larger context this property is situated in
and some of these difficulties that we of the Planning Department
have been dealing with in this area in particular and as part of
a larger study. I'd like to present to the Chairman a copy of
the still draft report called the Bayshore Drive Development
Study and analysis of development policy which has been prepared
by this Department and will be presented to the planning Advisory
Board on Wednesday of this woekf two nights from now (Handed A
copy of the Bayshore Study to Mr. Dort),
i December 3, 1984( Item 5
Zoning Dowd
i
zi
Mr. Gott! YOU Only have one?
Mr, Lutt! I was able to find one COPY when t
left, and I Couldn't karok thirty pages duplicate but I can get
extra copies for the Board members, The point of addressing the
study herd was to suggest to you that there is a larger analysis
going on which does relate to Aviation Avenue and can be said to
impact tome of the questions that are herd to be discussed
tonight. aaysh6ra Drive Study focudda-,-on an area, a'triangular
area, that is undergoing significant development Pressures right
not. We're looking at close to a hundred million dollars Of
development of this area. We have several major projects on
Bayahore Drive (Mr, Luft was trying to point on the map wherd he
was referring to), along Tigertail Avenue* along 27th Avenue.
This spine of Tigertail, Bayshore and 27th is Currently catching
the grunt of the development and speculative interest of Coconut
Grove today. it is for this reason these several projects that
have been proposed, toning changes that have been proposed,
development of regional impact studies, that the Commission
directed the Department to'prepare this major BayshoreDrive'arid
27th Avenue corridor study. The point of -the study was to try to
help define these edges for boundaries. We have some concerns
within the office district itself which I won't go into tonight
but as a larger issue was this kind,of creeping that I was
talking about earlier. This difficulty in trying to define in
this area here, where different kinds of uses appropriately start
and where they should appropriately stop and how we should affect
transitions. At stake here, very simply, is the residential
neighborhoods to -the east which you see in the -yellow here, the
low density areas which come up against the highrises or
traversed by Tigertail and Aviation. Duplex residential areas
immediately to the east and to the west and then this spine -of
higher density.use. I think it can be said - that i this report
states rather emphatically that the existing boundaries that
we're attempting to deal with today must be preserved intact lest
we begin to initiate a process which heretofore*, has not occurred
in the last ten years since the master plan was i1o'ne'for this....
community. - Initiate a process of parcel by parcel redefining
proper boundaries and edges and I can only say to you that as a
professional planner, I would not want to try.to deal -with the
redefinition of. boundaries. in . this- area because once you start
breaking the basic pattern and justifications that we'havia fbr
drawing those boundaries today, it becomes extremely difficult to
find an acceptable, defensible edge*in any kind of adjusted
situation. *To be more specific; Aviation today is a connecting
thoroughfare. It is not a major arterial it is more of a
collector street today and it basically connects Bird Road to
Bayshore Drive. As a thoroughfare, we ha*ve had to deal with the
question what is the appropriate use that should occur along
Aviation? Because it is so intimately connected with via these
diagonal roads and many side yard, kind of situations with a very
high quality and stable residential area to the east, we.have not
recommended and will not recommend office uses on Aviation as a
clear departure from this residential district that lies in the
inner spaces between the arterials. Conversely, we have said,
all high density, commercial or office uses that exist in this
sector of Coconut Grove must be confined, lest that confinement
be uncontrollable if it was to break out of that, must be
confined to the major arterials of Bayshore and 27th Avenue and
Bird Road, the major arterials. Clearly, the only way to deal
with the odd lot assortment of lines that we have is to define a
very simple policy and that is one of fronting relationships. As
you look at the map here and as you look at this map 'here, I
think it should become clear that we have been able to preserve
over the last decade's development, which has been rather rapid
and intense, the pattern of higher density commercial and office
and multi -family uses facing on to arterials, preserving, intact,
those interior residential areas. This particular property, you
see outlined here in red, is one of those properties that approaches
one of those margins. There are a number of places like this.
i
this property is here tonight to argue to you that it would he
appropriate to take property facing on to Aviation, not because
it's an arterial like 27th or Bird but because it is a collector
street, it does have some traffic on it, and turn away from 27th
Avenue and begin the process of developing office uses,
commercial uses on interior streets be they collector or local
streets. We are herd to say that we do not approve of that
policy, we are recommending against it to break this pattern that
we have so very carefully and painstakingly established along
here, would we think be a very difficult and, I think, calamitous
step to take in this area. one can not unddrestimate the,
speculative pressure that exists here waiting for that one 'break,
the one precedent, that one chance to say, "'yes, I'm like him
because now he has set the pattern, He has broken that rule,"
and we do not want to break that rule tonight, We want you to
keep in force that residential environment off of 27th Avenue,
we're coexisting well, the development is working out nicely,
we've got 45' height limits on 27th Avenue, we've been able to
protect the scale of those projects and so far so good. We would
recommend that you continue with that plan as the planning policy
that has been adopted by the Commission and that we have argued
before you tonight',
Ms. Basila: Mr. Luft, would you be kind enough
to tell me what your color -coded areas are?
s Mr. Luft: Yes.
Ms. Basila: What exist in those?
Mr. Luft: This is 27th Avenue and along 27th
we have the rapid transit station here at the far north of Dixie
Highway with'a commercial high density office core facing 27th
and Dixie. Spanning the distance from Bird to the station is a
low density office residential district four stories in height
limit along 27th Avenue. The only properties in this office
district are those that are facing, have direct exposure to,
contiguous to the 27th Avenue right-of-way. South of...at Bird
Road is the little commercial core of services, the Laundromat,
the Crook and Crook marine, that's just two blocks long and stops
and then it's residential. South on 27th we have a purely ... a.
residential district which is now seeing a great deal of lot
assemblage, you will probably be hearing proposals come before
you shortly for other possible rezonings, other assemblages of
blocks in here to try to gain larger parcels for planned
development proposals, what have you. This is all four story,
multi -family residential and then finally along Bayshore and
Tigertail is the emerging high density, highrise office district
which includes hotels and some condominiums. To the east, the
okra color is duplex, to the west the okra color is duplex and
skirting this edge, right in here, is -the single family
residential.
Ms. Basila: Thank you very much.
Mr. DeYurre: I have a question, if I may. -
Mr. Gort: Yes.
Mr, DeYurre: What is the property in the center
top that is SPI-12? What are they allowed to do there?
Mr, Luft: Center top, SPI-12'is the Gifford
House...SPI-12 is a historic district designation, an overlay
that was applied to a home that was built in 1906 originally as a
factory. kctuall,y, parts of the house date prior to 1900. It's
a historic preservation overlay to allow the developer to beep
the house on the site, build around the ho"- e,, varying some of
hip yard areas so that We could ,put his building there while
saving the house in the middle of the site. It was a very
diffidult district and it's the only place it dkiatt in the City
is on this Site which has always been Zoned for office and that
WAS the Probletais
Mr. Luacest That does not face 27th Avenue
Mr. Luftl Yes it does. The 27th Avenue
right-of-way abuts two sides of that Pr6PdrtY&
Mr. Luadeat Right-of-way, but as I understand
When that was granted* that variance, somebody came here and said
that that has another name that street Over there,
Mr. L LUft.& This is Abaco on this side,
Aviation comes right to this point and the 27th Avenue right-of-
way continues across that corner. That has been zoned office
since at least 19..,or mid to late 601s.
Mr. DeYurret What are they planning to build
there?
Mr, LuEtt They're planning on building an
office building around, four stories, around the house,
Mr. Luaces: Facing Aviation?
Mr. Lufte Facing to 27th Avenue. Aviation
doesn't even come that far actually.
Mr. DeYurre: Well, if you know that area, you
know there's like an island between 27th Avenue and that property
SO...
Mr. Luftt That's right.
Mr. DeYurre: ...there is no access or direct
contact with 27th Avenue from that property.
Mr. Luft:* Well that's a matter of opinion.
We would say that to draw the line outside of that corner would
be to ... the only way to draw Would be to put that corner. in
single family residential and it could be just as easily argued
and apparently it was some twenty years ago that that property
does have exposure to 27th.
Mr. DeYurre: okay, thank you.
Ms. BaBila: one question before you, Mr. Luft.
Mr. Gort: Mr. Luft.
Mr. Luft: Yes.
Ms. Basila: A lady in theaudience asked the
overlay district meant. Could you while you're at the mikd
explain what that means. Is that lady here?
Mr. Luft.- An overlay district means that the
underlining which is a part of the pre-existing pattern of use in
the area, office, -remains the same. On top of that we put some
special rules and conditions that enable the developer to deal
with a particular circumstance or a unique feature of the
property that could not otherwise be handledo in this case,
squarely in the middle of the site was 4 historical home deemed
to be very important and no reasonable developer could develop
that property without destroying that house. He couldn't develop
it according to the existing rules so in exchange for saving the
house, we adjusted some of the rules and regulations so that that
could be done. It was a trade-off but it basically left the
underlying zoning as it was and gave some additional rules to it,
U
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2
(96meb6dy asked about SPt-1 from the alldiehcdi
Inaudible.)
Mr. Luft!
Mr. Campbell
Mr. Perot-LUgonedt
be made on the retord,
SPI-32
on the record,
It has to be,.,the question has to
Mr. Dort: txcuae me, excuse me. Later On
wheft..'ali of you will get an opportunity to come and Speak for
yourself. write down all the questions that you would like ask,
answer and ask him because if we go back and forth, we could be
here all evening. 86 what I'm requesting is when those in
opposition come forward or anyone that wants to Speak Who have
any questions to answer, please state your questions, either the
Planning or ourself will write it down and we'll answer it
afterwards. Mr. Campbell.
Mr. Campbell: Mr. Chairman, members of the
Board, to begin with,we have a fairly new sanitary sewer system
in this area and I'm beginning to sound redundant, I know. I
have in the past admonished the Board about certain changes in
zoning which could affect the sanitary sewer system. This
particular system in this area was designed to serve the then
existing zoning. The zoning has not appreciably changed in this
area. When I say appreciably, I have to say that because of the
new Zoning ordinance, there are —there is certain latitude that
is allowed developers; however, to change this particular . .
property and we can foresee, again, as we've said before, a so-
called domino effect particularly on Aviation Avenue. We, the
Department, would be opposed to any change in zoning along here
because of the right now critical nature of the sanitary sewer
system in this area. When I say critical nature, we have
considerable contributions as Mr. Luft mentioned from Bayshore
Drive, from the downtown area of Coconut Grove which is
undergoing a certain change and we're having requests for change,
increase in zoning, increase in floor area, increase in density
which becomes difficult to accommodate in the long run.. Right
now, we're along at about 15 years into,
the life cycle, if you
would put it that way, of the sanitary system and you know, it
sort of sounds mundane, however, this is part of the underlying
infrastructure of the neighborhood. If we can not supply the
services to the people, we've got a problem. To increase zoning,
we have an overlay district on 27th Avenue, to increase zoning
?Utside this overlay district would be detrimental to the
infrastructure, very detrimental. Now, we have this request
along Aviation Avenue. We have a couple of lots to the south of
Bird Road there. I mean, let's face it, I mean if you get it on
the north side of Bird Road, you get it on the south side of Bird
Road because it's adjacent, right? here we go again, increase and
as you move along ... well, hey, we ought to just go on down Bird
Road and to the whole number and increase zoning all the way
through. The City has invested a great deal of money in this
area in improvements both in the streets and in the sanitary
system. We have had request for changes of zoning, monumental
changes of zoning in certain area, and we're having to deal with
those now as Mr. Luft mentioned. This particular little area
would ... I'm going to say would not necessarily overload
everything. Maybe we...you know, we wouldn't 'have that much of a
problem, 'however, as we've said before, this is the beginning,
this is the tip( so to speak, of the iceberg. Once this goes
throughf if it does, then what is to stop other developers,
however well meaning, however civic minded# from saying,, "Hoy,
it's my turn now," We would respectfully request that you deny
this, maintain the existing developmeatt the existing type Of
developmento maintain the integrity of the infrastructure.
5 December 3# 1984, Item 5
Zoning BOON
Mr, Gort! Okay, girt
Mr, aardanaat "Thank you. Mr. Chairman and
members of the Board, my name is Al Cardenas. I'm an attorney
here in Miami and t represent the applicant in this case and I'm
honored to be in this case because I think it's gpecifidally
important in the city of Miami to come with a clear conscience
and a good case before you when you're dealing eap&oially in an
area at sensitive as this one in coconut Or6vd. Let me right
off the bat gay to you that I intend to give you every reason to
vote for my request not only because of my applicant's sake but
also because of the sake of the find folks that are here in the
audience tonight and those who are concerted and.not here this
evening because I know of no area that has a greater degree of
conscience and a greater degree of care than that's emdrted by
the residents in Coconut Grove. I frankly feel that the folks
who are here and the folks who are not here, who perhaps are in
favor of our project, have not fully heard our explanation and
I'm comfortable that as soon as 1 do give it, you will be as
comfortable as I am in granting the applicant's application
because there are two questions that have been raised here and 1
think Mr. Luft eloquently told you that the question is whether
we're tipping the iceberg and I gay to you that that's not the
question at all. The question at all is whether Planning by
design or a freak misnomer.carved out and specifically mistreated
a very small, isolated piece of Coconut Grove that deserves to be
contiguous to and treated in conjunction with the remaining
development in this area. Let me, if I may, treat the specific
zone with greater detail but before I do that, let me tell you
that I overwhelmingly agree with most of everything Mr. Luft had
said from the principles that he spoused about the Bayshore
Study,_ from the principles he'spoused about the integrity of the
residential neighborhood east and,west of 27th all the way down
to Bird Avenue and let me specifically tell you that I am
confident that my client feels exactly the same way as Mr. Luft
does and we're also as concerned as Mr. Campbell is about
possibly overtaxing the system. The question that you have here
this evening, I think is a very sensitive one because if your do
feel that this is the tip of the iceberg, then you shouldn't vote
for me. If you don't feel that way at all, if you feel after
I've given you my -explanation that to the contrary this is- an -
isolated piece that really should * have been treated differently
to begin with, then I think you ought to vote for me and that's
really as narrow a scope of the issue as we have. It's not going
to be any broader of*an issue, it's not going to -be any more
complex of an issue, the issue is very simple, am I tipping the
iceberg in which case I think you ought to vote against me or am
I merely asking you to treat a piece of property the same way as
you've treated other pieces of property in like condition, in the
same circumstances, in the same zone and now let me go on with my
presentation, if,I-may.
This is 27th Avenue as I'm pointing to right now
(pointed to a map of the area) ... the SPI-12 district that Mr.
Luft refers to. This was created as a specific historic
preservation district. It, and I think in a good sense of the
word, intends to preserve a structure which dates back to 1906
and is one of our greatest treasures but in doing so, the
developer, of course, has taken what's been granted him and
granted him by the process and that is an office facility in an
area that' ' s designated for it, Now this office facility does not
face 27th Avenue. I specifically brought to you a rendering
syndicating Where these islands are at this point in time,
there's one island here and one here. our client's piece of
property no more abuts 27th Avenue but neither does the SPI-12
property there, Now let get to the real issue because I frankly
think the precedent's been act and it's been set and it mandates
that 411 of us follow that precedent and that precedent has been
act in this island right here. Let me show you what
pit characteristics it has and why we have at least as strong if not
4 stronger cise that you zone our property exactly as that
6 December 3, 1984, Item 5
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property is currently zoned, this property facing 27th Avenuds
right hare, is an RO-2.1/5 piece of property; this triangle here,
1rfinediata y behind it is a project which is riot awned by the same
property owner and that property not owned by the same property
owner decided to build an office building and rightfully so, they
were properly zoned for it and they have ingress and egress on to
Aviation Avenue and they have ingress and egress in to Inagua
Avenue, right here. Now, let's 8o over this particular parcel
and let's see what it's composed of at this time. This is the
property right here owned by a gentleman that's sitting in the
audience today, he currently resides there, his property .is zoned
RO-2.1/5 and it permits the kind of project that we're seeking to
seep zoning for. This property right 'Here in dark shade is part
of lot 8, that's already toned the property below us,
that's lot 10# that's also owned by any client and it's already
toned 90-2.1/5. Let me go further down, lot 18 here, is
partially zoned R0-2.1/5, the remaining lot is not. Lot 19 is
partially zoned 90-2.1/5 so what am I Here before you with this
evening, I'm here on an application that will permit part of lot
8, which is already zoned RO" 2.1/5 to be...the remainder of it be
so zoned. Lot 18 which is already partially zoned RO-2.1/5 to •
also be contiguously zoned and the so on for lot 19 and of
course, we already have lot 10 which sticks out here which you've
already properly zoned. Now, let me tell you what that shows in
the rendering which I'm about to show this evening. This is what
I'm talking about. This is the existing structure in 27th Avenue
and the other island. As you can see, it has ingress and egress
on to Aviation and it's got ingress and egress on to Inagua
Avenue. We have planned this rendering here, this is the
proposed parcel, okay...
Mr. Perez-Lugones:
Mr. Cardenas:
Mr. Gort:
Mr. Chairman?
...The ingress and egress...
Excuse me a minute, Mr. Cardenas.
Mr. Perez-Lugones: There has been an assertion by -
counsel that they own lot 10. We don't have any record of lot 10
being owned by the applicants...
Mr. Gort: So what...
Mr. Perez-Lugones: ...that means that the paperwork
that we have does not reflect in the Disclosure...
Mr. Cardenas: Let me...I'll be happy to clarify
that. I represent the owner of the property and I represent a
purchaser by contract of the property. The purchaser by contract
of the property already owns lot 10. The purchaser by contract
of the property is here and he's got under contract the remaining
parcel and he so explained it in a letter to the City. I'll be
happy to provide adequate proof.
Mr. Gort:
Mr. Maxwell:
saying that the applicant, at
lot 10. Is that correct, Mr.
Mr. Attorney?
As I understand Mr. Cardenas, he's
this particular point, does not own
Cardenas?
Mr. Cardenas: That's correct. The purchaser of
the property who's here this evening owns lot 10, he's also got
under ... he's the owner of lot lid and he is a purchaser to be of
the property that is the subject of this zoning hearing. Thank
you.
Going back to the rendering here, I have shown you our
proposed ingress and egress on to Inagua and on to Bird Road.
This,..these ingress and egress routes all are located in areas
that are already zoned 90-2.1/5. What's that mean? That means
that this traffio pattern which I'have here would not be at all
changed by your continuing totting because it's already located
in property that it coned for that particular dotlndreial use so
t aL t i i Y
Mr. Whipple t Mr. Chairman's
Mr. Cardenast ...as you can see here. most
il�iportantly . , ittoat : , . .
Mr. Whipple! Mr. C'hairiftan, could I interrupt
learned counsel here? I have the greatest respect and honor, I
would suggest to this toard that before you is a change of zofting
not a devoloptent plan that suggests where the ingress and egress
of the development that's going to occur. A zoning change does
not inflict any conditions on to this property and I think it's
improper, unfair, if not the potential of being illegal in a
change of zoning, to suggest that you look at this plan and let
that plan he part of your decision as to the change of zoning.
Mr. Cardenast Mr. Chairman, if 1... .41
Mr. Gort: Mr. Attorney...wait a minute, Mr.
Cardenas. Mr. Whipple, my understanding a lot of times in the
past, correct me if I'm wrong, we've had a change of zoning in
front of us and we do understand that the change of zonings can
not put any conditions and I believe, most of the board members
here understand there's no conditions, there"s no restrictions or
anything that we can put in a change of zoning. We understand
that. We've had plans in front of us before on change of
zonings, haven't we?
Mr. Whipple: You have, Mr. Chairman, and...
Mr. Gort: A lot of times we have deferred
items for change of zonings requesting that they come up with a
specific proposal.
Mr. Whipple: Yes, you have and you've also
heard the Department's objection before.
Mr. Gort: Okay.
Mr. Whipple: It is not proper; it is to
appropriate. Your decision is a change of zoning and that change
of zoning stands alone and it should be weighed on its merits as
I'm sure Mr. Cardenas would suggest, as no conditions can be.
attached to a change of zoning, you should not be influenced by
any fancy plan that is being shown or any super points of ingress
and egress.,
Mr. Gort: I understand. Thank you, Mr.
Whipple. Mr. Campbell.
Mr. Campbell: If I may, sir. As Mr. Whipple
said, we can not be influenced by plans. Tot the best of my
knowledge, I may be corrected, but ordinarily, for variances,
conditional uses, whatever, we have plans on file. Mr. Whipple
is correct in what he's saying is that a change of zoning stands
on its own merits. There are no plans on file to be considered
in a ;bange of zoning. If you have an area that is obviously
underzoned, sort of speak, that is surrounded by a higher zoning,
then certainly, you consider the zoning on the merits, However$
in this case, there is no merit to the change of zoning and plans
on file which do not exist have no bearing on the matter. We can
not --we, the Department, our Department, ply Department__oan not
consider anything however nicely done by an architect in a change
of zoning. We have to consider let's say the nitty,-gritty, the
barebcnes, the infrastructure, as it"s effected in the long run
by the change in zoning.
Mr, Lgaces; Mr. Chairman? -
December 3, M4, Item l
Zoning Boord
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Mr. Gortt
Mr. Cardenaa:
Mr. dart!
it again. tea, Mr. Luaces,
thank you, Mr, Campbell,
Mr. Chairman,,,
Let me try it again.. s let to try
Mr. Luacest Then I have to forget everything
everybody said before in the presentation by the Planning
Department because you did a good selling job, you mentioned,
gridkell Avenus, downtown and all that dues not donderh this
property?
Mr. Campbellt What we Mentioned before, if I
may...
Mr. Gort: excuse nee, excuse me, excuse tMe6
z'm going to try to conduct a meeting in here...
Mr. Campbell:
I beg your pardon.
Mr. Gort: ...we could be rebutting back and
forth all evening long and I think we've been told by the
Department, we appreciate it and there's plenty of time when we
still_ have to listen to the opposition,.what statements can be
made by them and after Mr. Cardenas conclude, the Department has`
always been given the right to go ahead and rebut if they want
to. We'll be do so again but if we keep going back and forth, we
could be here all evening. Go ahead, Mr. Cardenas.
Mr. Cardenas: Mr. Chairman, the only observation
that I did want to make for the preservation of the record is
that I'm the biggest advocate of an open process where all of the
view points should be aired because it will help you in your
deliberations. The only thing that I'm going to ask and I'm not
going to be overly insisting on it, is that I be permitted to
give and uninterrupted presentation as same as staff has done and
I'm sure they'll have plenty -of time to rebut and I think their
comments should be well taken. Just to preserve the record, let
me say that this is by far not the..only time and certainly it's
more the rule than the exception that I and other attorneys who
practice zoning law come before a ruling body with a rendering.
I think it's understood.by everyone by now that served.,for some
time in a body such as yours, that these particular renderings
are that, they're not plans, they're not part of an application,
they're renderings. They help visually with the presentation
that I make. At no time have I made near will I make,that I am
basing my presentation on this particular layout as being part
and parcel of your decision. The reason why this layout is being
used is because visually it permits you to see the existing area
and see how theoretically you could have ingress and egress to a
project not involving Aviation Avenue and in areas which are
located in property which is already zoned for this commercial
purpose. Now, I know of nothing which makes this particular
presentation improper or illegal or anything else. I've done it
before, most attorneys who practice zoning law have done it
before. It's a visual aid and I'll repeat so that I satisfy
staff's concern, by no means do I mean this to be indicative or a
part of my presentation that this will be the actual rendering, I
wash I could but legally you can not consider it. Also, let me
and I'll conclude that as part of my concern, that although I'm,
talking about perspective things for this particular property
which should not be taken into consideration by you, by the same
token some of the things which are mentioned and I thin%
rightfully so by'Mr. Luft are also perspective in nature. The
SayshQre Study, for example, has not received official seal of
approval and things of that nature. I think it's appropriate for
him to make mention of it to you. I think it has some place on
the presentation and by the same token► I think the comments that
December 3, 1944, Item 5
Zoning Board
f
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f1m making are perspective, not binding but also have a PIAC6 in
ffty Prd§#ftt&tioft&
What Vift trying to show you tonight is the fact that
you have a project which you've already permitted here that had
ingress and egress on to Aviation Avenue and had ingress and
egress on to Inagua and what I'm trying to tell You is that if
you grant the Zoning that I'm requesting to make the rest 69 the
island hare have the game permitted use as is already allowed in
the rest of the island, you can have a project And again it's
not binding* you can have a project which wouldn't even again,
access to Aviation Avenue or ingress and egress and what that
means is that this project not only would be like this project,
it could be even better. 14owp let me restate the reasons why
staff suggested that you shouldn't grant my request, let me give
you reasons why you should, I'll recap them for you and of
course, later I'd like to respectfully rebut whatever rebuttal
there may be but 1) staff said the subject property does not face
SW 27th Avenue, that's reason number one of two reasons. Let me
show you other examples where that's the case* right here. This
particular building does hot face 27th Avenue, there is a lot
here which is owned by an owner other than the owner here. As a
matter of facto thatadjoininglandowner of the property facing
27th Avenue is 'here today. our property has the exact same
circumstances as are prevalent in this particular parcel. Look
at this parcel and look at ours, this parcel here fronts 27th
Avenue, it's an island on itself, it goes through, through
Aviation and encumbers Inagua. Our parcel fronts...th-is is-la*nd
fronts 27th Avenue, it goes through to Aviation, it involves
Inagua. Other property immediately north of ours where the
property does not front 27th Avenue there's also a permitted use,
that's the SPI-12 property. That's a rebuttal as to argument
number one from the City. Argument number two set forth by the
City is that there's no need for additional commercial or ' office
zoning. I think that the reason that we paid top dollar for this
and want to develop in the private the sector is reason enough to
show that we certainly feel there is, from a planning standpoint,
we feel there is. Now, let me give you the reasons why I think
you ought to approve it. Again, this whole island faces 27th
Avenue, as does this one and this one doesn't so there's greater
reason to approve this one than there is to approve that one
There's ingress and egress to the subject property in Aviation
and Inagua already permitted by the existing zone. -..excuse me, in
Bird and Inagua. You already permit me to have access, ingress
and egress, to this property through Inagua and through Bird by
this property here which is so zoned and this property here which
is so zoned so I'm not asking you for access that previously I
did not have. There's a precedent established by this property.
Again, I think it's a strong legal precedent. I don't know from
a planning standpoint how you can differentiate allowing this
particular structure to be erected here and not a similar one
erected here because all of the conditions have been met, the
precedeni's'been set and all I'm asking you to do is to be
consonant with particular uses you've permitted here. That's
good planning. Proposed commercial property here would face here
which all planners say is sound planning judgement.
Lastly and most important, let me repeat what I think
is a prevalent issue here. The prevalent issue here, again, is
whether you're tipping the iceberg or whether you're primarily
conceding zoning to a particular parcel that has a better use for
zoning here than has been inadvertently left out. You have this
triangle here which is the existing line. You go here, you go
heret you . go here, you zig-zag here And you go here. I think
it's obvious that it's a lot cleaner, a lot better from a
planning standpoint for this particular zoning atlas to go this
way, this way and then on out the same way as it's done it here.
It's just clean, sound planning. There's no other parcel here
that's independent because of its nature that's treated the same
as we're treated. You're treating us one way bore and one way
here. There's no justification for it. A precedent has been set
here; it's a strong precedent and I don't know how you can
differentiate. 'hank you very much.
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Mr. dottt Okay, those in opposition.
Mrs Pastore! What about those that are for.
Mr. dortt do ahead.
Mr, Pastore! Okay, My name gangdn Pastore and
I live at 2001 South 8aythdro brivd, Coconut drove and t would
like to speak for it for this basic reason. I am one of the
owners of Coconut drove Realty and in owning Coconut Grove Realty
and telling many properties in Coconut drove, there are, in
general, and I know Jack knows this because t in fact talked with
him about it today, I am adamantly for the Zoning and Planning
bepartmoftts decisions down the line, no variances, no changes but
I think think that there is ... as I've come to these meetings and
as tivd seen many groups come in opposition to many changes that
have gone before this Board, they were legitimate opposition for
changes that were, in some cases, not warranted but as an example
Vve been to this property, it consists of a Spanish house and
another delapidated house. it's currently zoned RS-2/2 which
permits duplex or residential zoning. The issue on this piece is
that it you physically go to the property and you imagine a
residence being built, two residences* three residences, being
built facing Aviation and having a backyard which would then look
directly into an office building which -is ultimately going to go
on lot 11 which is currently an office zoned site, it is
impractical to think that a person would construct or live in
that location facing an office building. The office building
that is currently being built on 27th Avenue which is the Spence
Massingame Building, a red brick building, is currently
constructed. The townhouses that are behind that, that I have
sold, that now face this monstrous structure, I realize that the
Zoning Board did the best it could in terms of having office and
then duplex or multi -use but the reality is that the people that
live there.stare into an office building. There's no question
about it. The owner of the property that faces Aviation, if this
Zoning Board...the purpose of it is to look at.sipecial situations
that in general because of geographics or because of possible
arbitrary lines, you have a chance to say, "Look, I know what the
consensus of Coconut Grove is, it's to stop,development that is
not currently zoned," but here'san example where the person thaii
owns the property that if the zoning petition is a failure and
therefore, it be developed as residential, it's ludicrous if you
go,there and say, "Gee, is it physically possible to think of a
residential house being constructed there with an office building
on lot 3 and an office building to the rear." It's not salable;
it's not pleasant for the initial individual. Aviation has a
wide right-of-way. All of the people that are inked in red there
are on highly valuable residential properties' and Aviation is a
natural barrier and this little peninsula, the argument about it
facing Aviation, it could just as easily face Bird. I don't
think the issue is where it faces, the condition is, is this
triangle better used ' for or more pleasantly used for office use
as opposed to residential use and this is a chance I think for
the Board to say, "I know what the rules are and I usually go
down the line with rules but this is one example that if you went
to the site and you looked at it, you couldn't conceive it being
a residential house," and I realize that the audience is heavily
here becauseo.,and I've sold some of them houses that are in the
immediate -area and they're concerned about the general points
that have been raised mainly from Public Works and from Jack Luft
in reference to holding the line so that it doesn't become the
tip of the iceberg and -that's an issue but I don't think it is in
this
case., I mean, it's
an issue along Bayshore Drive and it's
n case., 27th uebut I'm saying that it you went to the
site and you looked at it, you Couldn't conceive it to be
residential and that's my Cape and I jusit, wanted to make it
because 11think YOU have an opportunity., if I'm not miataXen,
we're here because this is 4 hardship or a different condition,
December 31 1984,
zoning Board
.�b
It's not gtandard. It it were standard we wouldn't be here or
the person wouldn't be hate Ad I'm speaking at a resident and
also a concerned pett6ft in terms 6f,.,Jf the Board hero id
Continually b6undatod by the public that comes up and says, "No,
not no)" it can't function, it can't look at the one hardship and
say, "This is a condition that we might want to look at..,, That's
all I have to say. -
Mr. dort! Okay, anyone dlao in favor?
Anyone tlao in favor? Okay, those of you in opposition,
Mai Holshaugero. I'm Joann 8olahauaar, I live at
4230 Ingraham Highway in Coconut Grove, I'm president of the
Coconut Grove Civic Club and I'm here to express what the Civic
Club's feelings are about this, The Civic Club is opposed to
this rezoning: there is no hardship here. 1 don't recall that
Mr. Cardenas referred to a hardship, Mr. Pastore did, there is no
hardship hare. The man doesn't even own it, he's got a contract
to buy it So I find it rather difficult to assume there's a
hardship. Can you consider it as a residence? Yeah, I drove bpi
there last night. Across the street on Aviation there are
several houses, very,nicely kept houses, people seem to be
enjoying living there, I think they could live in houses here
too. We're real concerned about this corner. We were very
actively involved, a number of us, in the Gifford property*. I'd
like to point out the Gifford property, as I recall, Jack correct
me if I'm wrong, but I think the Gifford property was zoned for
that in 1964, we researched that. There was a lot of flap when
that property came up. The flap was not about rezoning, the
Gifford property was zoned for exactly what it is, the flap was
because some young woman in the neighborhood got a bunch of
people all excited and they thought because she told them she
could get it done, that if they supported her, she could get it
turned back to residential zoning. Believe me, that was never an
issue, none of us ever tried to get it turned back. It was zoned
for what it was being suggested for. It eventually, finally was
done. The Gifford property was a question only.bedause of the
very complex adjustments that had to be made so that the
architects and the developer could make use of apiece of land
which had something very valuable on it and by the way: it hasn't
been brought up tonight but they gave very, very, very
substantial increments of benefit to the public which v!4-11 enrich
us all for years to come. I don't think you can say that's used
as a precedent. We've got a line there that other than the tiny
little jog there which, as far I'm concerned, I wish we could
straighten out. That line's pretty good. If you're going to
talk about rezoning this, you're going to look at all properties
south of it, it's going to be the same thing. You know, you
could sit here and talk about, well you look out the back of your
property at an office, well if you're going to rezone for that
then you're going to say, "Oh you look across the street at an
office." We're not opposed to development, I think all of you
know that. We support development in the Grove in some cases.
We really do think this is inappropriate for this site. I think
there is a market for residential property here and I can tell
you that the Civic Club intends to go right down the line with
every piece of property on Aviation that comes up from now on and
we're going to struggle and struggle and be right here before you
because we want to see that neighborhood remain residential. We
want to bold on to those lines. Yes, sometime...sometime we've
got to hold on to the zoning we've got unless there is an
overwhelming issue that we have to relax the zoning and I also
want to comment, I think; it is highly inappropriate for someone
to come before you and talk all of this. This is something that
is just going lead us all into trouble As we go on. It doesn't
matter what the pretty pictures say, you're only giving one
thing, changing the zoning# He can walk right out of here and do
Poi`s anything he wants to do with it and that's .perfectly legitimate
because 411 you're charging is the zoning. That's all and that's
enough, please don't zone away Coconut Orove, Please let us
%cop that residential area. It is go tenuous, We've got five
0
years of developttitent, l think, ahead of as on 27th Avenue and the
only wsy that 27th Avenue corridor is doing to work but with
tttixed use facing 27th Avenue is if you all will hold firt on
everything on the other side of that line right there. Please
hold on to it for all of us. Thank you very much.
(Applause from the audience.)
Mr. Gort! Thank you. Next.
Mr. Collins! My name is Paul Collins. I live
at 2232 Lincoln Avenue and I do not want to add any more to what
she has said. It's adequate and expresses the feelings of all
the residents in this area.
Mr. dort:
Thank you, sir. Next.
Mr. Johnson: My name is Ralph Johnson. I live
at 2562 Inagua Avenue. I am an urban planner, I'm on the faculty
of Flu and I'm the former president of the Coconut Grove Civic `
Club. It's a little different also when it comes this close to
you. I'm usually up there where you're sitting but because it's
this close and because this also is a perfect example for me to
at least express some of things and views of the Civic club as
often been before you about, and as particularly with reference
to places like this. Now, again, I do want to put it up front, I
live a half a block away from that lot and because I have lived
there for a year, I have come to know many of the people who are
sitting behind me who have been there for twenty-five years. I'm
a newcomer to the area. The house I live in just right outside
that little red is a brand new house, a two-story house, so there
is building. The one nextdoor to me is a brand new two-story
house, there is residential.building and we like living in town
so I have no problems with living close -by the urban places but I
think that this particular spot, I think it would be a mistake if
you destroy it any further. The tip of the iceberg has already
been tipped because that number 3 up there in red was given an
office building. The parking there is not adequate for that
building. The people who have to work there in that building
have to drive in and off of Aviation and Inagua on that triangle
where traffic is centered around it. It's a very hazardous
place. There are lots and lots of accidents that occur on that
site right now. If you change the zoning, I think you are going
to be in the same kind of situation on a very...on a macro scale
here because it's the same thing as Bayshore and Tigertail.
We're sandwiched in between two important corridors. Properties
on Bayshore go all the way up to Tigertail and there was an
issue, what are you going to do about the frontage on Tigertail?
It's the same thing now as Aviation. We've got to maintain that
barrier. I think a precedence and changing a precedence and
setting precedences for precedence sake would be a mistake on
this particular property. Just for the reasons that you've all
heard, they make real sound sense...I think it would be a very
bad idea if we change that. It would cause tremendous hardships
on the people who live around there and on anyone else who is
going to come in there. For example, if you put an office
building in there, there will be more workers who will have
hardships, Bird Road, 27th Avenue, that's where the E-Z Kwik is
and if any of you have ever gone to our little country store
there and try to get in an out of there, you realize how much of
a hazard that is. We will only triple it if we do anything
further in terms of raising zoning. We don't want carscomingon
Aviation any more than they are. I think we need to have the
same guarantees that you've given Tigertail in buffering us from
the development that is inevitable. Twenty --seventh Avenue is a
main corridor into'Coconut Grove, it's a country road and that is
a reality but that line has to be held and goon sound planning
says if you have that kind of activity, it has to be buffered
13 December 3, 1904, Item 5
Zoning Board
=I
so
from another use in order for it to be compatible, they're not
compatible used. We want a duffer to remain there acid this is
the spot where you have to start it. Don't continue the existing
precedence.
Mr, Gott!
Thank you. Next.
Mr, Porter: I'm Kiitt porter. I live 2538
Lincoln Avenue just outside the circle. t would like to support
what Planning Department has recommended, oppose what counsel has
recommended with the use that he says that would not like to buy
the property, single-family dwelling and look out ... for instance,
if you own that, you'd look out to a building that might be a
business structure, the people across from Aviation are going to
have to do that if you change the zoning. I recommend you not
doing that. I would support neighbors who live in that community
as I live there with them, that we remain the way it is because
Aviation.. -the traffic point of view is terrible as it is, it's
tragic, to zone it this way would just make it a lot more worse.
Thank you.
Mr. Gort:
Mr. Pittone:
live at 2694 Inagua Avenue, Lot
I sent in the card opposing bu
Thank you. Next.
My name is Fenimore Pittone. I
11 and Lot 7 are owned by myself.
t I don't see it marked off. I
want to go on record that I oppose the rezoning. There something
should be said about the traffic, it hasn't been mentioned yet.
I don't know whether you folks are aware that Inagua Avenue is
just barely wide enough for two cars to squeeze through. I think
it's less than twenty, about twenty feet and I ought to know
because I have to cross that street many times every day. You
can't get out on 27th Avenue because at the point there of my
property on 27th Avenue, it's so narrow that it almost touches
Bird and when cars make a turn and if you're not very careful,
just about a little over a month ago, we had a fatality on the
corner of Inagua and Aviation because they speed through there
whatever car manages to get through there and it's dangerous
because there is heavy traffic that makes a turn to enter
Aviation there and on Inagua people can't move fast enough to get
out of the way. Fortunately, there wasn't two killed, just one
was killed, the other one was seriously injured. It's a very
dangerous corner there and we should take traffic into
consideration. We're loading that neighborhood with office
buildings and whatever but we've got to consider traffic. It
just can't handle any more traffic. Thank you very much.
Mr. Gott: Thank you, sir. Next.
Mr. Cooke -Yarbrough: Mr. Chairman, members of the
Board, my name is Steven Cooke -Yarbrough. I live at 3555 Crystal
Court in north Grove. I'm a civil engineer by profession. I'm
also speaking for the Tigertail Association this evening. The
Tigertail Association opposes the granting of this rezoning and
supports all the statements that have been made in support of
denying it. I would like to add two other points. This
afternoon I spoke with the architect of the project and he told
me, I mentioned to him that if you want a rezoning, don't you
have to have 40,000 sq. ft. of area? He said, "That's correct
unless you are, in fact, contiguous to a different zone and you
can ask for that extended." I assume he's right, I don't know
but just let's look at this, By the architect's own statement he
has 19,500 sq. ft, in total of which 4,000 are now designed, they
are RO-2/5... RQ-2,1/5. So what he's trying to say is because lie
has 5,0O0 sq, ft., the other 15,000--4,000 sq, ft.--the other
1.5,500 sq. ft. should go with it, This is a case of the tail
wagging the dog, This is absurd, If you get that and we've been
talking dominoes, the domino theory, it you grant this rezoning
so that whole area then becomes commercial or office, it's meant
to be RA and 1 want to bring that point up too ... the applicant
has told me personally, he has no intention of putting any R on
there it's all going to be d. Now, look acito88 the street, 4, 5,
6, `i, 8, etc, are all the Ro designation all right. Niw I buy 1,
2, 3, I'm contiguous to and Ro designation, now I can apply
because I'm contiguous to }lave.. . even if I don't have 40400 sq.
ft., have it expanded in my direction. The we got the whole of
that office. Now I get 23, 22, 21, I'm now contiguous, This is
the domino theory, the iceberg we've been talking about and it
should be stopped, it's got to be stopped, We like out
residential area the way it is. we want to have..we're a unique
residential area in the city of Miami. Coconut Grove... everybody
likes Coconut Grove but the developers are doing their damndest
just to destroy it. stow, another point of the domino theory that
I'd like to point .out is the definition RO. Now I just pointed
out that the architect tells me he has no intention of putting
any R on that, it's all O. This, unfortunately, is something
that I can not really define when I read the Schedule of District
Regulations which defines Ro Residential office, "Phis district
designation is intended to apply to areas which are primarily
residential in character but with in which, offices would also be
appropriate in compatible scale and intensity either in separatb
buildings or in combination with residences." I would like to
point out that so far on the Ro coming down 27th, coming down
there, the only RO that's taken place, is all the R has been
eliminated and it's all O. So what does RO mean? It means it's
a 100 percent office and I don't think that's the intent of the
District Regulations. It certainly isn't what we as residents of
the area want and if this is granted again where you knock down
100 percent of the residences and put in all office, it's part of
the domino theory and we trust that you will take this into
consideration because while it is a small item, it's very small
in area, it shouldn't really be considered for rezoning since
it's under 40,000 sq. ft. and the claim for contiguousy is
minimum. I think as Ms. Holshauser said, straighten the line,
that will solve the problem. Thank you gentlemen.
Mr. Gort: Thank you, sir. (Joking with the
Planning Department) See what you do when you make those lines
like that.
Ms. Ryan: I came to this meeting just out of
curiousity because I own...
Mr. Gort: Your name and address please.
Ms. Ryan: Excuse me. Karen Ryan, 2701
Natoma Street. I own the property, lot 36, I believe, on Trade
Avenue and 27th, near Trade and 27th and I just would like ... I
came here out of curiousity tonight just to see what was going on
in that area because that's a rental building, it's a four unit
building and I am very concerned. I'm all for development all
along 27th Avenue and I hope someday I might get lucky and meet
up with a developer that would like to buy my property because it
is zoned for that but unfortunately, right now my four unit
building faces that large office building across the street of
Trade Avenue and 27th. I don't know the name of the office
building but I've been watching it go up and it has definitely
affected my ability as a landlady and I am concerned that that
piece of property on Aviation will affect the duplexes in that
area and the residences and I really think, I'm adding my
opinion, ?'m all for development and office buildings along 27th
but I think it should be that parcel.,,that parcel should remain
a buffer and I'd like to add that my aunt owned a piece of
property along Brickell Avenue whence all that,..on South Miami
where all that development went up, she owned a duplex and she
didn't sell out to developers and she sold her property for quite
a bit of money and they turned it into a nice set of offices so
those small buildings that are there, they could be converted
eventually,,.they don't have to be a massive four-story monster
that stares people in the face across the street,
l December 3, 1984, Item 5
Zoning Board
MR
Mr. Cort thank you. Next,
Mr. McMaster! My nave is Jim McMaster. I live
at 2940 8W 30 Court which is down Bird Avenue from this. I had
never been to a toning meeting, pA8 titeeting or a City Counsel
meeting until about three months ago and I've been to quite a few
since then and if I've learned one thing at any of these.Meetings
is that if you establish one precedent in are area, you in effect,
have to give it to the next applicant and you can see it along
Bayshore, you people have seen it happen many times as Mr.
Campbell has. If you grant it to one person, there's no way you
can stop .from giving it to another one and I don't..., see this
as a wedge heading down Aviation. If you are there and look down
Aviation, you see the buildings on Bayshore and it's not a very
long distance and I think this could actually start something.
You talked about step down and Mr. Cardenas talks about well who
wants to look at an office building. Well all those thin lots
across the street on Aviation, yeah, we should ask them do they
want to look at an office building and the lots number 10 2 and 3
on Bird Avenue, if I'm not mistaken, are new townhouses. Maybe
someone would like to ask them what their property is worth if A
big office building goes up across the street. They bought
thinking there was residential across the street. And the
question of the historic area there, I was there tonight and
that's...you can not come around the corner and make a left hand
turn. Aviation does not go down that far. It's not a through
street. It's one-way. There is a large empty piece of property
on Center Street that actually comes through to Bird... excuse me,
27th Avenue and when I was talking to Jack Lu£t about the
Bayshore Study, my big concern was how are we going to hold the
line along both sides of 27th Avenue and he seemed to indicate
that there wouldn't be much of a problem. Well, I see the
problem coming up right now before the City Commission even gets
a chance to vote on the Bayshore Study and I..think if you tonight
grant this zoning request, it will just negate the Bayshore Study
and I just think that this will lead to more rezoning as Mr.
Campbell and everyone else has seen many times before. Thank
you.
Mr. Gort: Thank you. Next.
Ms. Altschuler: Hi, my name is Thelma Altschuler
and I'm president of the Tigertail Association. I will try not
to repeat the arguments which have been made by my eloquent
predecessors. One remark that I do want to take issue with is
that we are a crowd of people who object to everything and that
you must not be swayed by the number of people who are here, we
are about a dozen people who are here and we live in the
neighborhood but we should really not be penalized for being
here. We feel very strongly about what is going on.in this
neighborhood and I have been...I've also noticed that the homes
that are contiguous to the applicant's property have been
described as delapidated. I'm sitting in front of three
residents in those homes and I think they're perfectly nice
homes. Perhaps beauty is in the eye of the beholder but don't
think that you're taking part in slum clearance if you vote to
give the zoning change. I think that it is really time that the
people who live in this area must have a consistent plan which I
think that the Bayshore Study will help to provide. It is
interesting that it is only two days before a Bayshore Study and
I think that even more study is needed among the people who live
in this area. We are getting very tired of being nickeled and
dimed. I do think that it is time for us to get together and be
consistent. I think you have a wonderful opportunity to save
Aviation Avenue tonight and I hope you take it.
Nor, Gort: Thank you. Next.
16 December 3, 1984, Item 6
zoning Board
8
Y �
Mr. Cold: My name is Son Cold. I live at
2542 L,indoln Avenue. I'm a vico-president...(coughed) excuse rfteo
of the Tigertail Association. I speak in opposition to the
application and in support of my neighbors who have preceded rte
and as I speak of my neighbors, I would like the Soard to reflect
t upon that a moment, there are a number of us here from the same
neighborhood and harkening back to a comment that Mr. Luft had
said; we are trying to preserve this neighborhood, It is a
table neighborhood. We spend untold thousands in our urban
renewal plans to find a proper mix in redeveloping neighborhoods.
Can we get the right mix'of certain kinds of people, certain
ethnic groups in a community, We have in this neighborhood a
stable neighborhood and I think in all the talk we've had about
icebergs and dominoes, it's a very cogent point, if this happens,
this is one more step to the erosion of a stable neighborhood and
I would like to make reference to some comments of those who have
spoken in favor of the application... can't imagine what would
happen...a residential house. What would happen if this zoning
were to be approved, then the next parcel and the next parcel and
that is exactly the domino effect. So I would suggest to the
Board that you consider very strongly that we have a stable
neighborhood worth preserving here. Thank you very much.
Mr. Gort: Thank you. Next.
Mr. Courtin: My name is Herb Courtin. I live
at 2584 Inagua. I certainly am interested in this piece of
property. I'm immediately across the street from it. I've been
there for 33 years and I'm very happy there. The zoning as
proposed by the people who want to change here, seem to be
dealing with straightening out lines instead of concerning
themselves with the people that live in the neighborhood. I
don'•t understand the real estate business. I'm a businessman.
My family has been in business here for forty-four years. When
we make an investment in our business, nobody guarantees success.
How is it that in the real estate business, when a man takes an
option on a piece of property he's guaranteed success. By what
right, does a realtor sell property and suppose that he can get a
zoning change in order to make money. I don't understand that
philosophy. I hope that in your wisdom as a Zoning Board, you
will appreciate the effort of this neighborhood, the people of
this neighborhood coming forward and trying to protect what we've
had. Thirty-three years there, I'd like to stay another thirty-
three. Please don't change my view across the street. I'm very
happy with residences across. Thank you.
Mr. Gort: Thank you. Next.
Ms. Duvall: My name is Charlotte Duvall. I
live at 1900 Secoffee Street and I'm here as a concerned resident
of the area to support the position of the Coconut Grove Civic
Club and of the Tigertail Association. We are here because we
care very much and we hope you will care too.
Mr. Gort: Thank you, ma'am. Next.
Mr. Callay: My name is Joseph-T. Callay. I
live a 2985 Aviation Avenue. I don't want to stay here till 2:30
like I have on some evenings so I'll try to be brief, Mr.
Chairman and members of the Board, but if we want to stay till 5
o'clock I'll be here. The property was referred to by the
applicant as delapidated, I believe. I'd like to make sure that
tie record clearly reflects it was the words of the applicant who
said it was delapidated. It's my own personal observation that I
saw men working on the building that was owned by J. B. Nesic
which is I8 and 19, the little triangular piece there, that's the
triangular piece that's contained within Aviation Avenue and Bird
Avenue. They recently repaired that house. If they dial it
without a permit, I will personally see to it that the Building
+, and Zoning Department reprimands them for it tomorrow morning.
17 December 3, 1984s Item 5
Zoning Board
Mr, Cold! My name is iron Cold, I live at
2542 Lincoln Avenue. I'm a excuse me
of the Tigertail Associatioh, I speak in opposition to the
application and in support of any neighbors who have preceded me
and as f speak of my neighbors, t would like the Board to reflect
upon that a moment, there are a number of us here from the sane
neighborhood and harkening back to a comment that Mr, "Loft had
said, we are trying to preserve this neighborhood. It is a
stable neighborhood. We spend untold thousands in our urban
renewal plans to find a proper mix in redeveloping neighborhoods,
Can we get the right mix'of certain kinds of people, certain
ethnic groups in a community. We have in this neighborhood a
stable neighborhood and I think in all the talk we've had about
icebergs and dominoes, it's a very cogent point, if this happens,
this is one more step to the erosion of a stable neighborhood and
I would like to make reference to tome comments of those who have
spoken in favor of the application,.,can't imagine what would
happen...a residential house. What would happen if this zoning
were to be approved, then the next parcel and the next parcel and
that is exactly the domino effect. So I would suggest to the
Board that you consider very strongly that we have a stable i
neighborhood worth preserving here. Thank you very much.
Mr. Gort: Thank you. Next.
Mr. Courtin: My name -is Herb Courtin. I live
at 2584 Inagua. I certainly am interested in this piece of
;JAN property. I'm immediately across the street from it. I've been
there for 33 years and I'm very happy there. The zoning as
proposed by the people who want to change here, seem to be
dealing with straightening out lines instead of concerning
themselves with the people that live in the neighborhood. I
don'•t understand the real estate business. I'm a businessman.
My family has been in business here for forty-four years. When
we make an investment in our business, nobody guarantees success.
How is it that in the real estate business, when a man takes an
option on a piece of property he's guaranteed success. By what
right, does a realtor sell property and suppose that he can get a
zoning change in order to make money. I don't understand that
philosophy. I hope that in your wisdom as a Zoning Board, you
will appreciate the effort of this neighborhood, the people of
this neighborhood coming forward and trying to protect what we've
had. Thirty-three years there, I'd like to stay another thirty-
three. Please don't change my view across the street. I'm very
happy with residences across. Thank you.
Mr. Gort: Thank you. Next.
Ms. Duvall: My name is Charlotte Duvall. I
live at 1900 Secoffee Street and I'm here as a concerned resident
of the area to support the position of the Coconut Grove Civic
Club and of the Tigertail Association. We are here because we
care very much and we hope you will care too.
Mr. Gort: Thank you, ma'am. Next.
Mr. Callay: My name is Joseph-T. Callay. I
live a 2985 Aviation Avenue. I don't want to stay here till 2:30
like I have on some evenings so I'll try to be brief, Mr.
Chairman and members of the Board, but if we want to stay till 5
o'clock I'll be here, The property was referred to by the
applicant as delapidated, I believe. I'd like to make sure that
the record clearly reflects it was the words of the applicant who
said it was delapidated. It's my own personal observation that I
saw men working on the building that was owned by J. B. Nesic
which is 18 and 19, the little triangular piece there, that's the
triangular piece that's contained within Aviation Avenue and Bird
Avenue. They recently repaired that house, If they did it
without a permit, I will personally see to it that the Building
and Zoning Department reprimands them for it tomorrow morning,
19 December 3, 1984, Item 5
Zoning Board
The one white piece between lots 11, 14, 15, 16 and 17 belongs to
my hdighbor, she owns all of that and somehow or another —would
you point that out? --that's in block 11 and 1'd lake to refer to
it by block number, subdivision and lot numbers because as I was
listening to this, it was here, there, here, around here, around
there which will be absolutely incomprehensible in the
transcript, she owns that one white lot which is lot 12 of black
11 of OcZAN VIEW H910HTS. The applicant has said that all they
Want to do is straighten out the zoning line. Well., as you can
see, if you straighten out the zoning line down Aviation, then my
property will face this new RO district and 1 assure you that if
that happens, f will have no choice but to cone clown here and use
the same domino theory that you're listening to this evening.
Those two houses were there, were occupied when 1 moved in, my
son came to his first zoning hearing when he was six years old on
Fair Island. He could tell you this evening with his experience
in zoning that this is the trickle down theory. This piece of
property was a realtor's delight. It had the technicality of
that little blue piece being zoned RO-2/5. The lot 10 that they
described is a substandard lot that came and may have actually in
fact been subdivided illegally at the time of the sale of lot 11
and that title may be in question some day. There's an existing
use, an existing zoning, they bought it that way, they knew what
it was, they're undoubtedly trying to use some technicality that
part of the land that they bought which they knew part of it -was
"AN
zoned RO is now the evidence to make the remainder of it. I'm
sure this Board in their wisdom will deny this application.
Thank you.
Mr. Gort: Thank you. Next.
Mr. Weisberg: Howard Weisberg, 2975 Washington
Street. I'm opposed to this because I live within 360' of it. I
bought my house because it was in a residential neighborhood and
I have always thought it would be and that's the way I want it to
be kept.
Mr. Gort:' Thank you. Next.
Ms. Rivak: Florence Rivak, 25...
Mr. Gort: Excuse me, ma'am. Speak into the
mike please.
Ms. Rivak: Excuse me. Florence Rivak, 2567
Inagua Avenue. I don't have a whole lot to say. I realize that
^` they're going to build a lot building but this is not a business
area. It is a residential area. Most of these people have lived
here for 40 to 50 years. We've lived here for 30-some odd years
and I finally am beginning to feel that I come second to a dollar
bill. I don't know if that's right or wrong but I'm beginning to
feel that way because every time we turn around —these people
who are buying this property are not going to live there.
They're not going to be bothered with the traffic. They're not
going to care but these people who have lived for years and years
are going to have to pay for this building. Thank you very much.
Mr. Gort: Thank you. Next. Next? Anyone
else to speak in opposition?
Mr. Rivak: My name is Frank Rivak. I live
2567 Inagua Avenue. Would you like to point that out for me
please on the map? 2567,.,
Mr. Luft; We don't have the addresses shown
on the map.
Mr. Rivak; Everybody knows it's the house up
there where Mr. Parker is going to build a four story building,
ten feet from the knack of my house, Z thought that was common
15 December 3, 1984; Item 5
zoning 'Board
c
co
knowledge by now, one travesty has already been placed on me
with a four store building going to be built tan feet from the
rack of my house. I hope the Board will not let more buildings
be built in the neighborhood and increase the traffic and tuin
whatever we've got left. Thank you.
Mr. Gortt Thank you. Anyone else?
Mr. Altschulert Mr. Chairman, members of the
Board, try nave is Diehard Altschuler. I am a member of the
Tigertail Association and I live at the intersection of Lincoln
and aefferson with my wife and children which is a home just
outside fo the circle. I incorporate and restate all that has
been said before and ask you with all the sincerity that I can
muster that you vote against this proposal. Thank you.
Mr. Gortt Thank you. Anyone else? Anyone
else in opposition? Once? Twice? You've got a few minutes for
rebuttal, sir.
.i
Mr. Cardenas: Thank you, Mr. Chairman, members
of the Board, it'S...I think my...obviously my rebuttal is
sufficient and appropriate. What's troubling I'm sure to the
Board and to me is if you take most of the statements that have
been proffered by these fine folks this evening, most of them
standing on their own, are accurate statements and statements
that we have no problem living with: 1) we must be careful about
the growth pattern of the Grove; 2) we must not tip the iceberg;
3) the Bayshore Study is a fine thing that's been put together
and with perhaps a few alteration should be a fine guideline for
the City for years to come; 4) we should all love the Grove; 5)
it's a fine place to live. I believe that those statements stand
on their own and no one can refute. What I'm here to tell you
this evening is that what I have presented to you does not in any
way refute the concern of the owners that you've heard here this
evening. One, the Bayshore Study, as you know, does not involve
this property. It's a fine study and I hope you accept it. Two,
the concerns have been set. The question about the fatality, the
traffic pattern, those are things which are a problem in an
intersection. Most of those problems are night time or after
five. The fatality occurred in the evening hours which is of
concern to us...
Man outbursted from the audience: ...it occurred at 2
o"clock in the afternoon...
Mr. Gort: Excuse me, sir. Excuse me.
Excuse me. Go ahead, Mr. Cardenas.
Mr. Cardenas: Thank you. Division of the Grove
that this is a compatible scenario with the ... and if that's the
case, I apoligize, I was told immediately after the statement was
made that it was a nighttime fatality. The vision of the (.rove
as these folks see it and as we see it is no different. I repeat
to you that the issue here is not to set policy or philosophy as
to the City of Miami or the Grove in general. The issue is very
narrow and the issue is what is the proper and best zoning for
the particular property that the applicant is before you this
evening. That is the narrow issue. We're talking about an
island which is less than one acre in size, we're talking about a
specific parcel that fully built out would not reach 10,000 sq.
ft. We're talking about an island which has established
precedence and the SPI-12 Zone established precedence in the
island immediately before it there is not one difference between
the scenario involving this particular island and the scenario
involving the island where my client's property is Located and if
there's one difference, I'd like to know it. This has two
parcels, one facing_27th Avenue is not built on, the one facing
Aviation and Inagua is, it's an office structure. I represent
clients ... property is located here, it's next and adjoining lot
19 December 3, 1904, Item 5
i Zoning Board
11 which is toned RO.2,1/S. we have lot 10 already so tuned, We
have lot 0 already to zoned ROy2,1/5. part of lot 8 is already
tonedp part of 18 is already Zoned and parts of lot 13 18 already
toned, There is net doubt that you can leave here this evening
with a vote for my client that in no way, sire or shape affect or
set a precedent for the future of Aviation Avenue, the Grove or
anywhere near that vicinity, You knew it, l know it and I'tn
pretty sure these folks know it► what's true and fair is the
fact that you have a piece of property laying there which has the
same existing conditions as another piece of property that you
have already given it the zoning that we're requesting you to
give us, This is an island. It's small in aitee it's less than
one acres; it fits all of the criteria that entitles it to be so
zoned; it's the 'hest decision you can retake and I strongly urge
you to be sensitive to the very narrow specific issue before you
this evening and vote accordingly. Thank you very much,
Mr, Gort: Thank you, Okay. Does anyone
have any questions of either staff or the applicant? Mr.
Whipple.
Mr. tuft: I would like,,,
Mr. Whipple:. Mr. tuft will make a statement and
then I'd like to...
Mr. Campbell: And me too.
_ Mr. Luft: The Board has been very patient so
I'll be brief. Let me say that I have a great deal of respect
for Mr. Cardenas, he's a fine attorney and like a good attorney
it's.his job to come before you and point out what he believes
are inequities for his client, situations that are unfair. The
crux of his argument is basically to say to you that look, here
are some other properties like mine, because they are the way
they are, I should have mine the same way. It's ... it's...you
understand that that's the basic way to do —Mr. Cardenas has not
said once tonight that office zoning should be on Aviation. He
hasn't said it because he can't say it because he knows that you
know, we know, that there is no neec
for it and it could be damagable. r
things, we are the same as two other
that parcel and look at it very care
is no way that this parcel under cor
even remotest, exposure or direct cc
of 27th Avenue. It has none, not ei
adjacent to it, even though it may r
like or it may be somewhat debatab]
admitted that both the corner propel
next to him. does in fact touch 27tl
for it, there is no desire
ow, he's basically said two
parcels. If you look at
fully, I would submit there
sideration tonight has any,
nnection to the right-of-way
en close. The parcels
of be as much as you would
e, it is true and it must be
ty, the rounded corner there
Avenue and the Parker tract,
larger one up which is the basis of his whole argument, really,
when you stand on that parcel, you are looking at 27th Avenue,
there is nothing between you and that road but right-of-way. It
is a fine point and it's not absolutely clear and I wished it was
and that's why I started my presentation to tell you there was
some difficult things that are on the margin. The other point he
has said to you is that look, I've got all these little pieces of
parcels that already zoned office. You should know why that line
was drawn the way it was drawn. This parcel, the large parcel on
this side here, this parcel here was one ownership. When the
line was drawn...it had been one ownership for many, many years,
when this line was drawn, a decision had to made, do we draw it
straight down and sever off an undersized parcel that would be
nonconforming and leave it in a residential zone or do we draw
the lame along an ownership line and not sever an undersized
parcel, Clearly, the only decision that could be made under a
unified single ownership, was to drawn the line along that
ownership line and not leave this gentleman here with a
substandard lot. Now, subsequent to that, about a year ago, I
think it.waa about a year, the person who owned this entire
property sold it and within a few days of the sale this property
20 Pagember 3, 1984, Item 5
Zoning Board
+�6
was sold to a different person than who bought this property.
Two different property.,.two different sales transactions and it
was because of that we are now left with the unusual situation
and Mr. Cardenas has very appropriately taken advantage of this,
1 think, to point out to you that what appears now to be two
different properties, two different owners, two different zonings
was at one time one afid we really had no choice. He now argues
to you that if this was combined with this, we should extend it
more appropriately. Let me tell you, I'm concerned about that
argument because down 27th Avenue and I on the record ndte that
I'm going to mark on the official trap, we have a nuMber of these
parcels, now, I'm telling you they're assembling land on 27th
Avenue now and if you can argue as he 'has done that a parcel
that's already zoned Commercial coupled with another one to make
a larder more convenient development site, you have got the
situations down 27th Avenue and more pronounced one at 27th and
Tigertail where remnant, triangular parcels can be, probably will
attempt to be packaged with a larger commercial property, in
this case, the proportions are reversed but the argument's the
same, Thus it is we come back to the final point, no one is
saying commercial zoning is appropriate for Aviation. The
attempt has been made here to say that we're like, pretty much
like two other commercial properties, If this property is
rezoned through this and the Commission hearing, that will be the
last you will hear of that particular argument. It will be the
first time then that the stage will be set for another very
capable lawyer to come before you and say, "But this property
faces Aviation, it does not face, it did not face 27th Avenue and
clearly, how can you give this gentleman a property commercial
zoning if it didn't face 27th when I'm on that same street
Aviation and it's a busy street." It will change the whole tenor
of the whole character of the argument will be in a different
situation and believe me, under those circumstances, I'm going to
find it more and more difficult to come before you as I do
tonight and say clearly, one should happen and the other should
not. Thank you.
Mr. Cardenas: Mr. Chairman, just one last, if I
may, difference. There's one word which I can give each and
every one of you that will later rest the justified concern of
Mr. Luft has and that all of you have about establishing a
precedent. He has set forth with a brown magic marker potential
areas where an argument could subsequently be used if you zoned
this property this evening according to our request. There is
only one word that you need to use to never allow that to happen
and that word is "adjoining a residential parcel". What makes
our property so different and why does it not raise the tip of
the iceberg because it is an island less than one acre in size
that would not adjoin any residentially zoned property in the
Grove. It is a marked difference, one that you can put on a
pedestal, on your chest, anywhere else and it will stand court
scrutiny. I'll assure you that word would stand court scrutiny.
No one because of that adjoining characteristic can ever through
judicial means make you, the City of Miami, rezone their parcel
because of your decision this evening and I'm confident of what
I'm telling you. The only minor observation, Jack, that I wanted
to make and it's just for the record it really has nothing to do
with the heart of our argument, is the fact that Mr. Pitino, to
my knowledge who's here..Pittone, has owned that parcel the last
few years. I wasn't aware that there had been a sale of the
parcel which made this property so and it's been so, it was my
understanding, the last ten or twelve years or so, my associate
so informs me. That's just to clarify the record. Thank you,
sir.
Mr. Gort: Thank you, sir. Mr. Whipple..,
Mr. Whipple; Mr. Chairman, if I could just.,.
Mr, Gort; ...you want to speak too? Then
we're going to be going back and forth all evening, Okay,
l
21 December 3, 198$a item 5
zoning 504rd
C�' .
,:
was sold to a different person than who bought this Property -
No different property.. two different sales transactiona and it
was because of that we are now left with the unusual situation
and Mr. Cardenas has very appropriately taken advantage of this,
I think, to point out to you that what appears now to be two
different properties, two different owners# two different toniftgs
was at one time one and we really had no choice. He now argues
to you that if this was combined with this, we should extend it
more appropriately, bet me tell you, I'm concerned about that
argument because down 27th Avenue and I on the record note that.
I'm going to dark on the official map, we have a number of these
parcels, now, I'm telling you they're assembling land on 27th
g
Avenue now and if You can argue as he has done that a parcel
that's already zoned commercial coupled with another one to make
a larger more convenient development site, you have got the
situations down 27th Avenue and more pronounced one at 27th and
Tigertail where remnant, triangular parcels can be, probably will
attempt to be packaged with a larger commercial property. In
this case, the proportions are reversed but the argument's the
same. Thus it is we come back to the final point, no one is
saying commercial zoning is appropriate for Aviation. The
attempt has been made here to say that we're like, pretty much
like two other commercial properties. If this property is
rezoned through this and the Commission hearing, that will be the
last you will hear of that particular argument. It will be the
first time then that the stage will be set for another very
_41RN capable lawyer to come before you and say, "But this property
faces Aviation, it does not face, it did not face 27th Avenue and
clearly, how can you give this gentleman a property commercial
zoning if it didn't face 27th when I'm on that same street
Aviation and it's a busy street." It will change the whole tenor
of the whole character of the argument will be in a different
situation and believe me, under those circumstances, I'm going to
find it more and more difficult to come before you as I do
tonight and say clearly, one should happen and the other should
not. Thank you.
Mr. Cardenas: Mr. Chairman, just one last, if I
may, difference. There's one word which I can give each and
every one of you that will later rest the justified concern of
Mr. Luft has and that all of you have about establishing a
precedent. He has set forth with a brown magic marker potential
areas where an argument could subsequently be used if you zoned
this property this evening according to our request. There is
only one word that you need to use to never allow that to happen
and that word is "adjoining a residential parcel". What makes
our property so different and why does it not raise the tip of
the iceberg because it is an island less than one acre in size
that would not adjoin any residentially zoned property in the
Grove. It is a marked difference, one that you can put on a
pedestal, on your chest, anywhere else and it will stand court
scrutiny. I'll assure you that word would stand court scrutiny.
No one because of that adjoining characteristic can ever through
judicial means make you, the City of Miami, rezone their parcel
because of your decision this evening and I'm confident of what
I'm telling you. The only minor observation, Jack, that I wanted
to make and it's just for the record it really has nothing to do
with the heart of our argument, is the fact that Mr. Pitino, to
my knowledge who's here ... Pittone, has owned that parcel the last
few years. I wasn't aware that there had been a sale of the
parcel which made this property so and it's been so, it was my
understanding, the last ten or twelve years or so, my associate
so informs me. That's just to clarify the record. Thank you,
sir.
Mr. Gott; Thank you, sir. Mr. Whipple...
Mr. Whipple; Mr. Chairman, if I could just...
Mr, Gort; ...you want to speak too? Then
we're going to be going back and forth all evening. Okay,
21 December 3, 1984, Item 8
Zoning Board
9 5 8
Mrr Whipple: No•-
06 ahead,
Whipple: ..,t1m not going to use any
argument that 1 previously stated. I'd like to bring out a
couple facts as we understand them...
Mr, Luft! I 'have to go to the airport- I'm
desperately late to catch a planes are there any specific
questions of me that need to be asked before I leaVd?
Mr. Oortt Do we have any questions that...
(Man began to speak)
Mr. Gort: Excuse me, sit. Excuse me, sir.
Are there any questions to Mr. Luft?
Mr, Luades:
Mr. Gorti Have a good flight. yes, Mr.
Whipple.
Mt. Whipple: Some of the facts either through
objectors or Inferred by the applicant were a little misleading
and I'd like to put a couple numbers to them, if I may. Number
one, the lower triangle which I believe is referred to as 10...
Mr. Luaces: Excuse me, could you lower the
map?
Mr. Whipple: Oh, I'm sorry. I brought it up so
I could point to it ... which I believe is 10.
(Mr. Luft ran out of the room)
Mr. Gott: (Addressing Mr. Luft) Don't use
your bike now.
Mr. Whipple: ...which happens to be the remnant
of the lot 18 of which the zoning line went through which has a
dimension of 25 on one side and 25 on the other for a total of
312.5 sq. ft., 312.5 sq. ft. is included in the RO zoning. The
blue triangle above which is, I forget the designation, that's
lot 8 then fine, that has a total of 1,045 sq. ft. and these two
triangular portions which counsel has said, you know, they've got
part of their property zoned and part unzoned, the total zoned is
1,300 sq. ft. out of a total of 17,000 sq. ft.. and I sure don't
think that's a precedent or a basis for requesting rezoning. I'm
sorry, I said I wouldn't do that. Those are the figures.
Mr. Gott: Okay, Mr. Whipple, I'm going to
ask you...
Mr. Whipple: Number two...
Mr. Gott: Ohl I'm sorry, go ahead, finish,
Mr. Whipple: I'm trying to do just facts
without arguing again.
Mr. Gott: No, no, not go ahead. No, it's
something else that I have to ask you to remind me after the
meeting,
Mr. Whipple; Ohl okay. I think the question
of who fronts on who and where is important because it wasn't
factually displayed,,,indicated by the applicant. If YOU will
notice the line shown indicating property lines, not the SPI or
22 December 3, 1984, Item .5
Zoning Board
the spedial distridt or the zoning, all these properties are open
and vadant to 21th Avenue. The 9ug9estion that because there is
a median to the easterly edge of 27th Avenue separating let's say
this property and cof8ing...wellj comes right about there, does
not front on 27th Avenue is false because that rAddian is in fact
part of 27th Avenue, part of the right-of-way, so in fact the
SpI-12 does have frontage on 27th Avenue which was indicated it
didn't. trot 3 has frontage on 27th Avenue and it was indicated
or suggested that there was some property in front of this area►
lot 3, by which it did not front on 27th there, it only fronted
on 27, that again is right-of-way. As you see by the platting it
distinctly fronts on 27th Avenue. 80 all these conditions or
suggestions that these other properties and these other
properties have nothing --being argumentative again --these
properties do in fact and engineering wise, architecturally wise,
whatever otherwise, we can show you that the properties,
particularly the SPI-12, the lot 3, this lot up here, do in fact
front on 27th Avenue and then I would point out that that is not
the case of the subject property or those 1,357 sq. ft. that are
already rezoned. They do not front on 27th Avenue. I just have
a couple more points. The suggestion was there was a need for
office and I belive we indicated, Ms. Fernandez indicated,_we do
not see that need, there are ample other areas. One last
statement and this is a little argumentative as opposed to the
facts that I was trying to ... oh, before I do that, _I would like
to object again to the plan being shown and I'd like to have it
stricken from the record as we're trying to build a record and
that the both sides have not been seen. This is -one illustrative
example. I would request that staff have an opportunity to
provide another illustrative example of perhaps what the worst
impact or the worst detrimental effects that could occur on the
subject property. The last point, Mr. Cardenas in his rebuttal
stated it really wasn't a question of policy or philosophy that
that was not the problem. I beg to stand here and differ with
him and I remind this Board as I reminded them in the past and
also the City Commission, a change of zoning is a legislative
policy. It may not have to do with the particular problem of a
particular applicant or a particular...it is policy, to say .that
it is not policy is completely wrong. Policy is within the
purview of this Board as they recommend to the City Commission
and the City Commission decides what that final policy is going
to be. That is the problem, we feel this is the inappropriate_
policy.
Mr. Gort: Okay, sir.
Mr. Pittone: May I ask ---my- name is Fenimore
Pittone, I live at 2694 Inagua Avenue. I'd like to add some
clarification to this misunderstanding of the actual size of lot
10. Lot 10 goes this way and that way and down this way. This
is lot (word unintelligible) part of lot 10: Lot 1O.is only
2,700 sq. ft. At the time that was redivided, I wasn't aware of
that, I thought I was buying the whole piece of ground. I'm
looking into that now. I found out later that after I had made
closing, two weeks later they had sold...they had redivided it
and I wasn't aware of it this part here. The septic tank and the
field range is still on my property. Now, what has happened...
there hasn't been any changes on the plots. I still receive
plots that shows my property line coming across here like that.
Out here, this here is nothing. Now, this has been going on for
some time. I wasn't aware of this until the last time was 1977 I
received my ball and it showed me 1,300 sq. ft. so I went down to
the tax accessors he says, "Well," he says, "that includes that
lot also." I said, "Well that has been redivided," and he looked
into it and he said, "Yes, it has." He says, "You know you've
been charged all these years for that lot, also," It hasn't been
changed. Now it's difficult to find this separation and the
regular plots, I still received plots. Now, distinctly, one of
the Planning Advisory Boards, it says, "Areas bisected by SW 27
Avenue between SW 2$ 'terrace and Bird Avenue. Surely, this is
not bisecting 27th Avenue...
Mr. Maxwell!
Mr. pittone:
is t
Mr. Chairman?
...'beoause they're not aware of
Mr. Dort: Excuse ime, Mr...Yea, Mr, Attorney,
Mr. Maxwell: Mr. Chairman, earlier one of the
speakers Made an absolutely correct observation that many of the
speakers are making references to physical items without
indicating on the record exactly what areas they're speaking to
and if they want to preserve the record and 1 assume this
gentleman does as well, I would suggest that when, you know, when
you point to a place that you indicate exactly what you're
pointing to so that if something should happen later, the record
would be very clear as to what you were doing.
Mr. Pittone: I'd like to get that cleared up
myself.
Mr. Maxwell: Okay, when you touch an area
simply indicate aloud what you're doing.
Mr. Pittone: Well, I don't know, I'm trying to
get...
Mr. Gort: Well, he's not looking...he's not
looking...
Mr. Maxwell: No, no, no. If you touch lot 10,
say'it's lot 10.
Mr. Pittone: This is lot 10 here and at one
time it was lot 10 and ll...
Mr. Gort: You have to go to the mike, sir.
Mr. Pittone: Lot...
Mr. Gort: Sir, you have to go to the mike.
Mr. Pittone: Oh, well I just can't reach...
Mr. Gort: Get somebody to get it closer to
you. Just get anyone to move it closer to you. (Someone moved
the rendering closer to Mr. Pittone) There you go.
Mr. Pittone: This here has been redivided.
There's two story building there and we've been...
Ms. Basila: What lot is that, sir?'
Mr. Perez-Lugones: What lot is it?
Mr. Pittone: Lot 10.
Mr. Perez-Lugones: Okay.
Mr. Pittone; Lot 10. What they had done was
taken the...the legal reads lot 10 less ... rather mine is...it
doesn't actually give it a definite lot, it's just less this,
less that, less this...
Mr. Gort; We understand, that's the language
we speak here.
Mr, Pittone: Yeah, so this here has always been
a problem for me because what has happened it's created a
building logo than 5' from my property line, I.wasn't aware at
the tame, that was my fault, the attorney that did all the
i
i
24 December 31 19641 ;tom 5
Zoning Board
f,
i
oiosing, he wasn't selected by tie, he was selected by the
- sellers,.,
Mr. Gdrt: oh, nester do that.
Mr. pittone: hell, that's what happened but I'M
looking into that now. Well, that's all I have to say, thank you -
Mr. Gort: okay, thank you, sir, f6r
clarifying that print.
Mr. Cardenas: May I just address a couple of
points, thirty seconds, about Mr...
Mr. Gort: Twenty seconds.
Mr. Cardenas: okay...that Mr. Whipple made. I
don't know what made these fine fellows come out like the LA
Raiders against me but they did an excellent job and I...
Mr, Whipple: Track records.
Mr.,Cardenas: ...congratulate them. Two things,
.one the 27th Avenue argument. Basically, Mr. Whipple's position
with you is you count the right-of-way as 27th Avenue, I say you
don't. The right-of-way is a right-of-way, a road is a road.
Second, I just hope in your deliberations you notice that that
map has these islands missing, ours had them added and I think it
makes a big difference to my argument and lastly, you know I
think Mr. Pittone told a story about this jigsaw puzzle of a lot.
He came here, he's been billed his taxes differently, the zoning
lines don't run as to the platting lines which is often at times
out of beat. I agree with him, I think the whole thing is a mess
but I think the matter would be much better served as one
contiguous island zoned RO-2.1/5 and I thank you for thinking
that way.
Mr. Gort: Thank you, sir, and now I'll close
the public hearing and have comments among Board members.
Questions? Answers? Does anybody want to ask any question of...
Mr. Luaces: I'd like to ask a question, yes.
Mr. Campbell: If I may, Mr. Chairman?
..,� Mr. Gort: I've got a question first, sir. I
closed the public hearing, sorry.
Mr. Luaces: My question is basically, it's my
idea that most zoning to divide the different districts, we use
the spine of the property lines or main streets. Why are we not
doing that in that triangle there?
Mr. Whipple: We thought we had.
Mr. Luaces: Okay, maybe we can correct it now.
Mr. Whipple: We could. We could exclude the
triangle if it's under new ownership from its currentzoning and
make it correspond with.the existing ownership lines, We do all
we can to establish what the ownership line...when it appears
there is some kind of division or discrepancy between the
physical development which we perceive in the field and which is
reflected to us on our recorded instruments be it a plat or our
municipal atlas sheets. We took the old zoning line and
evidently, since the old zoning line a number of years ago, was,
_! in our opinion, based upon ownership, it has since changed. It
would be very simple to exclude the blue triangle and to exclude
the other triangle which would be logical in light of the fact
i
Vecember 3, 1984, Item 5
Zoning Board
:'IN
that by themselves, they are hot an entity only being a thousand
amething square feet.
Mr, Gott! .,y{,,Any other questions' Remind tie
jet... Lyt dMjftd ate after we finish thins i ► . re wind tie to ask you a
question about the 90,
Mr. Whipple: Right.
Mr, torts Thank you, sir. Any other
questiona? Anybody want to ask Campbell a question? Does
anybody want to ask Mr. Campbell a question? (Everybody laughing
because no one waited to ask him a question.) You better start
buying drinks. Do I have any questions?
Mr. Moran-Ribeaux: Mr. Campbell, will you please, ask
me a question. Be short and brief.
Mr. Campbell: I will endeavor. Basically, this
are that is in here which does contain an island, a median or
traffic divider is part of the right-of-way of 27th Avenue as
platted. To the best of my knowledge in reviewing the municipal
atlas sheets, we show the platted lots. This, when this happened
was many moons ago, before we had zoning ordinances, minimum lot
sizes and so on. This lot here, I believe, is lot 9 in roman
numerals on the plat which encompasses this area. This is lot 10
in roman numerals on the plat which encompasses this area. To
the best of my knowledge, the zoning line follows the lot lines
as established by this TRIANGLE COMPANY SUBDIVISION so you're not
splitting lots with the zoning line, to the best of my knowledge.
Ownership is another story but these two lots here are platted
lots, however small they may be, the right-of-way of 27th Avenue
comes up like this, it doss comes back in here, for the record,
going northerly along 27th Avenue and when you reach the
intersection of 27th Avenue with Aviation and Abaco, the right-
of-way does move back to abut the SPI-12 so that this is all
right-of-way. Albeit there is an island here which is a traffic
diverter, traffic divider, median, however you want to phrase it.
Mr. Gort: Okay, thank you, Mr. Campbell.
Any further discussion or questions? Any further discussion?
motions? questions? Don't all come at once now.
Mr. DeYurre: I'd like to make a couple of
statements here. I've been listening to both sides and certainly
there are strong arguments on both sides and I feel that the
concern, the main concern that keeps popping up here is the fact
that, you know, this is the tip of the iceberg and the domino
theories and we're getting all these kinds of theories thrown at
us here tonight. The way I look at this map, if I can safely
say, at least from, my point of view as being a Board member here,
that Bird Avenue comes into play and Bird Avenue hasn't been
mentioned that much here tonight. I can see Bird Avenue being
the end of what is being requested here. I don't see us ever
granting anything to the south of Bird Avenue. I think that Bird
Avenue is an extension as it comes across is part of a commercial
street and we've seen that the proposed ingress and egress could
possibly come from Bird Avenue and also from Inagua. The things
that are particular to this island which has been mentioned is
totally different from the rest of Aviation. We can see that and
as a further example we have the SPI-12 further up north and that
goes further into, away from 27th Avenue than does this island
and as the gentleman had mentioned that he lives next to that
property, your know, that is about as far as you can go in and
still we have an issue with this property that is being applied
for that is further.,.it does not go as far in when you're
looXi.ng at it from up and down, it does not go as far in as it
does the SPI-12 property, Originally, the argument is that that
waa zoned for office and not the change came about the SPI-12
adjustment but that, t think, makes a stronger argument that why
was it zoned to begin with office. Again, the argument of lot 3,
it's off of 27th AVen1le, the same as the property that is being
applied for here. Wd also have lots 8 and g, I believe, of g
r and ... the last two lots at the bottom, part of that is on the
reguasted zoning and most of it is not but that splits the lots.
I would at this point be ready to recommend and make a motion to
recommend approval: to the Commission and l think the people Here
should be aware that we are only recommending tonight, we are not
granting, to recommend approval of the requested zoning change
and at that point, l would make a motion wherein after
considering the factors set forth in section 1509 of Ordinance
9500# i move that the request on agenda item number 5 be
recommended to the City Commission for approval..
Mr. Gort: okay, there's a motion for
approval, is there a second to the motion?
Mr. Luaces: I second.
Mr. Gort: It's been moved and seconded.
Discussion on the motion.
Mr. Luaces: I would like to explain my
reasons. I'll second the motion because I feel that we will be
more apt to it to defend the zoning along the route of Aviation
`1 and gird and we can contain any zoning difficulty that we may
have if we continue on the corridor of 27th Avenue.
Mr. Gort: Any further discussion? Call the
question.
Mr. Perez-Lugones: Mr. Chairman, we have"a motion on
item number 5. The motion is to recommend approval to the City
Commission. The motion has been made by Mr. DeYurre and seconded
by Mr. Luaces. I'll call roll on the motion.
AYES: Messrs. Channing, Luaces, DeYurre, Moran-
Ribeaux and Romero
NAYES: Ms. Basila
Messr. Gort
ABSENT: Messr. Freixas and Sands
(During vote)
Mr. Channing: This is a very difficult question.
I'm going to give my reasoning for what I'm going to vote on. I
think this is an isolated piece. I...based on the way it's
situated I think it has some merit for the rezoning so I'll have
to vote "yes".
Mr. Perez-Lugones: Motion carries 5 to 2.
Ms. Holshauser: Could I ask how long we have to
file an appeal on this?
Mr. Perez-Lugones: You don't file an appeal on this.
It will move to the City Commission and after the City Commission
decision, you can go to -the courts.
Mr. Gort:
Commission,
It automatically goes to the City
Ms. Holshauser; No, no,
go to the Commission?
Mr. Curt: Yes,
27
Does this automatically
4
This will go to the colmiasion b
Man who Made 6utbut§t eatliett Mr chairman, I'd lik#
to publidly apologize for My oUtbUtSt but the itdM di4cudSed W&S
very emotional to me, Thank you,
.0
Mr. Victor beyurre offered the foll6wifto Aea6lution and
fttovdd ita adoption.
-1 RESOLUTION 28 120-84
RESOLUTION TO RECOMMEND APPROVAL OP THE
CHANCE or ZONING CLASSIP1CATION IN THE
OPPICIAL ZONING ATLAS OP ZONING ORDINANCE
9500, AS AMENDED, FROM RS-2/2 ONE -FAMILY
DETACHED RESIDENTIAL TO RO-2.1/5 RESIDENTIAL-
OPP= AND APPLYING THE SPI-3 COCONUT GROVE
MAJOR STREETS OVERLAY DISTRICT TO THE
PROP99TY LOCATED AT 3000-3006 AVIATION
AVENUE, ALSO Dt8CA113Eb AS LOT 8, TRIANGLE
CO'S SUB (7-162) AND LOTS 18 AND 19 LESS THAT
PORTION OP LOTS 18 AND 19 LYING SWLY OP THE
SE'LY 9XT9NSION OP THE SWLY LINE OP LOT 8*
TRIANGLE CO'S SUB (7-162)s BLOCK CP OCEAN
VIEW HEIGHTS (2-86).
Upon being seconded by Mr. Lorenzo Luaces, the motion
was passed and adopted by the following vote:
AYES.- Messrs. Romero, Channing, Moran-Ribeaux,
DeYurre and Luaces
NAYES.* Ms. Basila
Messr. Gort
ABSENT: Messrs. Freixas and Sands
Mr. Perez-Lugones: Motion carries 5 to 2.
29 December 3# 1984# item 5
Zoning Board
a
DECLA_RA'I�.C�N Wr lCL�;ll�l�._i 1WLVJ_
KNOW BY MEN ty THESE PRESENTS
THAT the undersigned, ARTEUR STIFEL and MARK ANN STIFEL,
being the owners of the fee sifflpie title to the property legally
described as:
Lot 8 of TRIANGLE COMPANY'S SMIVISIOAt
according to the Plat thereof, as recorded in
Plat took 7, at Page 162 of the Public
Records of Dade County, Florida; sots 18 and
10 of OCL"ANVILV HEIGHTS, according to the
plat thereof, as recorded in Plat took 2, at
Page 86 of the Public Records of.Dade County,
Florida, less that portion of said lots lying
southwesterly of the southeasterly extension
of the southwesterly line of Lot 8 "TRIANGLE
COMPANY'S SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 7, at Page
162 of the Public Records of Dade County,
Florida.
makes the. following- voluntary Declaration of Restrictions cover-
ing and running with the above referenced property, specifying
that this Declaration shall constitute a covenant running with
the land and shall be binding upon the undersigned and all of the
parties deraigning title through it. These restrictions duming
their lifetime shall be for the benefit of and a limitation upon
all present and future owners of the real property and to the
City of Miami, Florida, for the =blic welfare.
1. The owner, through its authorized representative, is an
applicant before the City Commission of the City of Miami for a
rezoning of the subject property from RS-2/2 to RO-2.1/5.
2. If the property is rezoned from RS-2/2 to RO-2.1/5, the
owners covenant that there shall be no ingress or egress to the
subject property.from Aviation Avenue.
3. This Declaration of Restrictions may be modified,
amended or released as to any portion of the lands covered hereby
by a written instrument executed by the then holder or holders of
the fee simple title to the subject property and by the City of
Miami or its authorized representative.
4. Enforcement of this Declaration of Restrictions shall
be by a suit in equity against the then owners of the property
violating these restrictions.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of , 1985.
Signed, sealed and delivered
in the presence of:
—E
t
►t
a
bECLARAT'1C�N _. RESTRICTIONS
XNOW SY MEN BY THESE PRESENTS
TEAT the undersigned, ARTHUR STIVtL and MARY ANN STIFEL,
being the owners of the fee simple title to the property legally
described as!
Lot 8 of TRIANGLE COMPANY'S SUSDIVISICNr
according to the Plat thereof, as recorded in
Plat Book 7, at Page 162 of the Public
Records of Dade County, Florida; Lots 18 and
19 of OCEANVTEW BEIGHTS, according to the
Plat thereof, as recorded in Plat Book 2, at
Page 86 of the Public Records of -Dade County,
Florida, less that portion of said lots lying
southwesterly of the southeasterly extension
of the southwesterly line of Lot 8 TRIANGLE
COMPANY'S SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 7, at Page
162 of the Public Records of Dade County,
Florida.
makes the. following- voluntary Declaration of Restrictions cover-
ing and running with the above referenced property, specifying
that this Declaration shall constitute a covenant running with
the land and shall be binding upon the undersigned and all of the
parties deraigning title through it. These restrictions duming
their lifetime shall be for the benefit of and a limitation upon
all present and future owners of the real property and to the
City of Miami, Florida, for the gublic welfare.
1. The owner, through its authorized representative, is an
applicant before the City Commission of the City of Miami for a
rezoning of the subject property from RS-2/2 to RO-2.1/5.
2. If the property is rezoned from RS-2/2 to RO-2.1/5, the
owners covenant that there shall be no ingress or egress to the
subject property.from Aviation Avenue.
3. This Declaration of Restrictions may be modified,
amended or released as to any portion of the lands covered hereby
by a written instrument executed by the then holder or holders of
the fee simple title to the subject property and by the City of
Miami or its authorized representative.
4. Enforcement of this Declaration of Restrictions shall
be by a suit in equity against the then owners of the property
violating these restrictions.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of , 1985.
Signed, sealed and delivered
in the presence of:
ARTHUR STIFEL
A
A
STATE OF FLORIDA )
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
day of 1985# by ARTHUR STIFEL,
Notary Public
State Of Florida at Large
My Cofflmisgion Expirest
STATE OF FLORIDA
SS..
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
day of 1985, by MARY ANN STIFEL.
Notary Public
State of Florida at Large
My Commission Expires:
DECLA tAT _bN 0' ..PtE$TRI�,TION:S
KNOW BY MEN BY THESE PRESENTS:
THAT the undersigned, ARTHUR STIM and MARY ANN STIFEL,
being the owners of the fee Sitl�ple title to the property legally
described ast
Lot 8 of TRIANGLE COMPANY'S SU1301VISION,
according to the Plat thereof, as recorded in
Plat took 71 at Page 162 of the Public
Records of Dade County, Florida; Lots 18 and
.— 19 of OCEANVIEW HEIGHTS, according to the
Plat thereof, as recorded in plat Book 21 at
Page 86 of the public Records of Dade County,
Florida, less that portion of said lots lying
southwesterly of the southeasterly extension
of the southwesterly line of Lot 8 TRIANGLE
COMPANY'S SOBDIVISION, according to the Plat
thereof, as recorded in Plat Book 7, at Page
162• of the Public Records of Dade County,
Florida.
ro
makes the following voluntary Declaration of Restrictions cover-
ing and running with the above referenced property, specifying
that this Declaration shall constitute a covenant running with
the land and shall be binding upon the undersigned and all of.the
parties deraigning title through it. These restrictions during
their lifetime shall be for the benefit of and a limitation upon
all present and future owners of the real property and to the
City of Miami, Florida, for the 13ublic welfare.
1. The owner, through its authorized representative, is an
applicant before the City Commission of the City of Miami for a
rezoning of the subject property from RS-2/2 to RO-2.1/5.
2. If the property is rezoned from RS-2/2 to RO-2.1/5, the
owners covenant that there shall be no ingress or egress to the
subject property from Aviation Avenue.
3. This Declaration of Restrictions may be modified,
amended or released as to any portion of the lands covered hereby
by a written instrument executed by the then holder or holders of
the fee simple title to the subject property and by the City of
Miami or its authorized representative, provided, that no such
modification, amendment or release shall be made without a prior
public hearing being held by the City of Miami. -
4. Enforcement of this Declaration of Restrictions shall
be by a suit in equity against the then owners of the property
violating these restrictionsi.
IN WITNESS WHEREOF, the undersigned have set their hands and
seals this day of , 1985.
Signed, sealed and delivered
in the presence of:
ARTHUR STIFi i'L
MARY ANN STIrFEL
z:
s
KNOW ALL REN SY 'THESE PRESENTS that the undersigned, being
the owner of the following described property, lying, being and
situated in bade Cbuntyt Florida, to -wit;
Lot $ of 'TRIANGLE COMPANY'S SUBDIVISION,
according to the Plat thereof, as recorded in
Plat took 71 at Page 162 of the Public
Records of bane County, Florida; Lots 16 and
19 of OCHANVIrW HBIGHTS, according to the
Plat thereof, as recorded in Plat took 21 at
Page 66 of the Public Records of made County,
Florida, less that portion of said lots lying
zouthwesterliy of the southeasterly extension
of the southwesterly line of Lot 6 'TRIANGLE
COMPANY'S SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 7, at Page
162 of the Public Records of Dade County,
Florida.
in order �to assure the City Commission of the City of Miami,
Florida, that.the representations made to it by the owner will be
abided by, voluntarily makes the following Declaration of
Restrictions covering and running with the property.
Notwithstanding the zoning classification of the property:
1. The property will be developed in accordance with all
provisions of the SPI-3 overlay zoning district of the City
of Miami Zoning Code, Ordinance 9500.
2. The property will not be used for the following:
a. drug store
b. sundry store
C. hardware store
d. marine hardware store
e. grocery store
f. fruit, vegetable, fish or meat market
g. delicatessen exceeding 500 square feet
h. bakery goods shop
i. shoe repair ,
j. dry cleaning or laundry agencies
k. commercial parking lot
1. community based residential facility
M. restaurant exceeding 500 square feet
n. medical or dental c
3. Should the City of Miami or aVabting property owners
initiate efforts to close, vacate or abandon Inagua Avenue
between South West 27th Avenue and Aviation Avenue, or any
portion thereof, the owners of the subject property shall
execute any and all documents necessary to effectuate said
closure, vacation or abandonment. This paragraph shall
remain in effect for 9 months from the date of recor ation
of this Declaration.
Furthermore: i r"'^
A, It is on erstood and agreed by Ke undersigned that
any official inspe of the City of Miami t
GLG-.--e�ot� a _me t or any agents 4101y authorized by the
Director of Department$ may have the privilege at any time
during normal working hours of entering and investigating the use
of the premises to determine whether or not the requirements of
the building and zoning regulations and the conditions herein
agreed to are being fulfilled,
B. These restrictions during their lifetime shall be a
restriction and limitation upon, all present and future owners of .
the above -described real, property and for the public welfare, and
shall be enforceable by property owners within 375 feet of the
subject propertyr or by the City of Mi.amj,
C, This Agreement shall con§titute a covenant running
with the land, shall be recorded in the public Records of Dade
County, Florida, and shall remain in full force and effect and be
binding upon the undersigned, its successors and assigns until
jjs,�,u�cph time as it is modified or released in the manner provided
§rein.
D. These covenants are to run with the land and shall be
binding on all parties And all persons claiming under then for a
period of 30 years from the date :of recordation, after which time
they shall be extended automatically for successive periods of
ten years, unless an instrument signed by a majority of the then
owners) of the property has been recorded which changes or
releases the covenants in whole, or in part, provided that the
covenants have been released or the changes approved by the City
of Miami Commission after a public hearing,
E, This Declaration of Restrictive Covenants may be
modified, amended or released as to the land herein described, or
any portion thereof, by a written instrument executed by the then
owners of the fee simple title to the lands to be affected by
such modification, amendment or release, provided that the rime
leas first been approved by the City Commission after public hearing.
F. Should this Declaration bf Restrictive Covenants be so
modified, amended or released, the Director of the City of Miami
Building & Zoning Department, or his successor, shall forthwith
execute a written instrument effectuating and acknowledging such
modification, amendment or release.
G. Enforcement shall be by action at -law or in equity
against any parties or persons violating, or attempting to
violate any covenants, either to restrain violation or to recover
damages. If any suit be brought for such enforcement the
enforcing party, if successful, shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as
the Court may adjudge to be reasonable for the services of his
attorney.
A. Invalidation of any one of these covenants, by
judgment or Court, in no -wise shall affect any of the other
provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the owner has caused these presents to
be executed and signed in its name by its proper officers, and
its corporate seal to be affixed hereto and attested to by its
Secretary the day and year set forth.
WITNESSES:
�A a A • �-� ��b
98S$
CI This Agreement shah, constitute a covenant running
with the land, shall be recorded in the pudic Records of 'bade
Cbuntyi Florida, and stall remain in fu11 force and effect and be
binding upon the undersigned, its sucdessors and assigns until
such time as it is modified or released in the manner provided
herein.
D. These covenanta are to run with the land and shall be
binding on all parties and all persons Claiming under theft for a
period of 30 years from the date of recordation, after which time
they shall be extended automatically for successive periods of
ten years, unless an instrument signed by a Majority of the then
owner (s) of the property has been recorded which changes or
releases the covenants in whole, or in part, provided that the
covenants have been released or the changes approved by the City
Of Miami Commission after a public hearing.
E. This Declaration of Restrictive Covenants may be
modified, amended or released as to the land herein described, or
any portion thereof, by a written instrument executed by the then
owners of the fee simple title to the lands to be affected bar
!-uch modification, amendment or release, provided that the rime
has first been approved by the City Commission after public hearing.
F. Should this Declaration of Restrictive Covenants be so
modified, amended or released, the Director of the City of Miami
Building & Zoning Department, or his successor, shall forthwith
execute a written instrument effectuating and acknowledging such
modification, amendment or release.
G. Enforcement shall be by action at law or in equity
against any parties or persons violating, or attempting to
violate any covenants, either to restrain violation or to recover
damages. If any suit be brought for such enforcement the
enforcing party, if successful, shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as
the Court may adjudge to be reasonable for the services of his
attorney.
H. Invalidation of any one of these covenants, by
judgment or Court, in no. wise shall affect any of the other
provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the owner has caused these presents to
be executed and signed in its name by its proper officers, and
its corporate seal to be affixed, hereto and attested to by its
Secretary the day and year set forth.
WITNESSES:
V
-T -
8TATE Off" i' LORA �4 '
/ S 8 i Y
COUNTY Off` bAbt )
I NM8Y CERTIVY that on this ', day of iYLtary
195s, before the personally appeared _
to the khoWn to be the persons Who si ned the foregoing
instrument and acknowledged the execution thereof to be their
free act and deed for the uses and purposes therein tnentioned.
WITNESS i'ny hand and official seal the day and lct.st
aforesaid.
NOTARY PUBLIC
STATE Off' VLORIDA AT LARGE
My commission expires: C),,,
Approved as to form and correctness:
City Attorney
Prepared by% Janet Lenore Cooper, Attorney
LAW OFFICES OF JANET L. COOPER
suite 1020
169 East Flagler Street
Miami, Florida 33131
CARD8NAS: Mr. Mayor, just for the record, the uh application was
filed by Steven Fried, whose address is 9 14E 9th Avenue) Ft.
Lauderdale, Florida. I know him personally. He is an attorney in
law, good member, a member in good standing of the Florida Bar.
He's been so for over 10 years, lie filed the application, as you
alight know, as an attorney member of the Florida Bar can file on
behalf of an owner, We're not talking about lot 10 in the appli-
cation, The application only involves lots 18 & 19 and parts of
lots 8 & 9, All of these 4, all. of the properties in question that
were part of the application are currently owned by Mr, and Mrs.
Stifel: Uh, fuPthermore, uh subsequent to the rightful filing of
the application of Mr. Fried, we had documents filed of record, uh
with the City of Miami, and documents in my possession and those
documents are a general power of attorney, specific power of
attorney, and affidavits both from Mr. Carrillo and myself. So
that there's been, there's been total and full disclosure uh, I
believe there's been more an ample legal representation all stages of
this thing properly documented. And I'm more an willing to stand
on the record and defend that record.
FERRE: Alright, um. . .
COOPER: I would just say that there is no general power of attorney
in the file.
FERRE: Madame City Attorney, your ruling.
DOUGHERTY: Mr. Mayor, the code requires an attorney to file on
behalf of an owner. In this case he is an attorney and therefore
the application is valid.
i
TALLAIIAS9Ek, VL 32MAHO
Ms. Janet Cooper
1020 Alfred 1, Dupont Building
169 East Flagler Street
Miami, Florida 33131
Dear Ms. Cooper:
Enclosed is the affidavit requested for Steven M. Fried. Please advise if you
need further assistance.
Very truly yours,
V!irq��iniaL. Hardison, ison, Supervisor
Membership Records
VLH: mIF40
Enclosure
SS, Itt.
Tt4p, FLORIDA BAII
February 4, 1985
M-1
STATE OF FLORIDA
COUNTY OF LEON
AFFIDAVIT
Before me, the undersigned authority, personally appeared Virginia L.
Hardison, who first being duly sworn, says:
I am employed by The Florida Bar in the office of membership records
in Tallahassee, Florida. As part of my duties in the membership records
department of The Florida Bar, I am custodian of records concerning all
members of The Florida Bar.
The records reflect that Steven M. Fried is not now and has never been a member of The Florida Bar.
FURTHER AFFIANT SAYETH NOT.
Virginia -L. Hardison
Sworn to and subscrib d before me
this �Z& day of 1984
Notary u DIQ
My Commission Expires:
tJo;.+ry Pub"it, ;'.ate of Florida
My Ccmo)issio.i Exp;res Feb. 24, 1485
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�yt THE F1,OMDA BAR JOURNAUSEPTEMRER 1983A�9 155
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4
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE,
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the Supervisor,
Legal Advertising of the Miami Review and Daily Record, a
daily (except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
Re: ORDINANCE NO. 9958
In the ........?;.. .......................... Court,
was published In said newspaper in the Issues of
Feb.22, 1965
Afflant further says that the said Miami Review and Daily
Record Is a newspaper published at Miami in said Dade County,
Florida, and that the said newspaper has heretofore been
continuously published In said Dade County,. Florida, each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail matter atthe post office In
Miamiinsaid Dade County, Florida, for a period of one year
next preceding the first publication of the attached copy of
advertisement; and afflant further says that she has neither
paid nor promised any person, firm or corporation any discount.
rebate ommission or refund for se of securing this
adve isfiMent for publication i noewspailer.
sworn tp lief dTsaorid :belotb me this
.?.2ndday of . .Z,.#.: F Jb ,X&10..... 5
wolle, stale Ida at Large
(SEAL) i F�BRiUA P'� `��
My Commission expires Jun>'VN1+t9sit.,
M11 11111
CITY OF MIAMI
DADE COt11011tVt FLORIbA
LEGAL NOTICE
All Interested persons will take notice that on the 14th, day Of
February, 1985, the City Commission of Miami, Florida, adopted the
following titled ordinance(s):
ORDINANCE NO.9958
AN ORDINANCE AMENDING THE' ZONING ATLAS OF ORDI-
NANCE NO.9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICA-
TION OF APPROXIMATELY 3000.3006 AVIATION AVENUE, MIAMI,
FLORIDA; (MORE PARTICULARLY DESCRIBED HEREIN) PROM
RS-212 ONE -FAMILY DETACHED RESIDENTIAL TO 80.2115
RESIDENTIAL —OFFICE AND APPLYING THE SPk3 COCONUT
GROVE MAJOR STREETS OVERLAY DISTRICT AND BY MAK-
ING FINDINGS; AND BY MAKING" ALL THE. NECESSARY
CHANGES ON PAGE NO.45 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO.9500 BY REFERENCE AND DESCRIR
TION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO, 9959
AN ORDINANCE PROVIDINGjO, THE EXTENT PERMITTED BY
LAW, FOR ADDITIONAL LIMITATIONS ON' AUTHORIZED INVEST.,
MENT WTHE REPUBLICS OF SOUTH AFRICA'AND NAMIBIA
OF CITY FUNDS OR FUNDS OF ANY RETIREMENT PROGRAM
CONTROLLED BY THE CITY;' CONTAINING'A REPEALER PRO-
VISION AND A SEVERABILITY,CLAUSEr '
ORDINANCE NO; 9960
AN ORDINANCE AMENDING SECTION 65.14 OF -THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH REFERS
TO RECORDS KEPT'BY' SELLERS- DELIVERING :ELECTRICITY,
METERED GAS, BOTTLED GAS, FUEL OIL °; TELEPHONE SERW
ICE, TELEGRAPH SERVICE.OR WATER,SERVICE:IWTHE CITY
OF MIAMI; FLORIDA BY AUTHORIZING:THE CITY-TO'REQUIRE
THAT SUCH RECORDS BE MADE AVAILABLE IN THE STATE.OF
FLORIDA; OR ;THATrSELLERS$ AT.THEIR:OPTJONS: PAY: ALL"
REASONABLE COSTS INCURRED BECAUSE OF CITY AUDITORS;
HAVING TO TRAVEL OUTSIDE OF THE STATE OF.FLORIDATO
INSPECT'AND AUDIT SUCH 'RECORDS•,CONTAINING"A.
REPEALER PROVISION AND -A SEVEFiABILITY. CLAUSE.
ORDINANCE NO ?9f31 `
AN: ORDINANCE AMENDING, CHAPTER 54.5,,:,M6661AIVISION:..
REGULATIONS", O fHE CODE OF.THE CITY OF •MIRIMI; FI.AH
IDA,.5Y AMENDING SECTION,5.1, 'DEFINITIONS;;;;SEC'ftQN`
54.-11'I,".'@VILDING;PERMIT6,,ISSUANCE'r; AND„S=— , 01. SAb f2,
"DESIGN'STANDARDS' CONTAINING A1iEPF�AAI R'PRQYI$14�N .
AND A t3EVERAHILITY CLAUSE
RA4PH QrANI21 5
CITY OF MIAMI, fLARiRA
V,