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HomeMy WebLinkAboutR-84-0490J--84-344 (a) 4/9/84 RESOLUTION NO. 84-490. A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD GRANTING A VARIANCE FROM ORDINANCE NO, 9500, ARTICLE XX, SECTION 2003.4, SECTION 2010.3 AND SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, TRANSI- TIONAL USES, STRUCTURES AND REQUIREMENTS, CR COMMERCIAL --RESIDENTIAL (GENERALLY) l.a. OF ORDINANCE 9500, AS AMENDED, TO PERMIT THE ERECTION OF TtNO (2) DISH ANTENNAS AND ONE (1) BROADCASTING ANTENNA AT 2501, NORTHWEST 7TH STREET, APPROXIMATELY 740-742 NORTHWEST 25TH AVENUE AND 741-743 NORTHWEST 26TH AVENUE (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, WITH A PROPOSED 10' YARD FOR ALL ANTENNAS (45.65' REQUIRED) AND A PROPOSED 86' PENETRATION OF THE LIGHT PLANE BY THE BROADCAST ANTENNA (NO PENETRATION OF LIGHT PLANE ALLOWED), ZONED RG-1/3 GENERAL RESI- DENTIAL (ONE & TItiO FAMILY). WHEREAS, the Miami Zoning Board at its meeting of March 19, 1984, Item No. 7, following an advertised hearing, adopted Resolution No. ZB 27-84, by a 5 to 0 vote granting the variance f as hereinafter set forth; and • WHEREAS, the Planning Department has taken an appeal to the # City Commission from approval of the variance; and WHEREAS, y REAS the City Commission after careful consideration of this matter finds that there are peculiar circumstances affecting this parcel of land, practical difficulties and unnecessary hardships which would impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY {{ OF MIAMI, FLORIDA: f Section 1. The decision of the Miami Zoning Board in this matter is affirmed and the request for a variance from y Ordinance No. 9500, Article XX, Section 2003.4, section 2016.3 and Schedule of District Regulations, Page 4 of 6, Transitional et } Uses, Structures and Requirements, CR Commercial -Residential (Generally) l.a. of Ordinance 9500, as amended, to permit the erection of two (2) dish antennas and one (1) broadcasting CITE' COM',iI:jSION 1011:1,11 IG OF APR 26 118 a antenna at 2501. Northwest 7th Street, approximately 740-742 Northwest 25th Avenue, and 741--743 Northwest 26th Avenue, more particularly described as the E 1/2 of Block 5, RTVERSTD}' FARMS SUPP (2-88) and Lots 5, 6, 7 & 8 less the east 5 feet of the west 10 feet of said Lots 7 & 8, Block 5, MERRICK'S SUB (4-189) and TRACT "A" CHANNEL 23 SUB (121-82) formerly Lots 2, 3, 4 & 5, Block 6 RIVERSIDE FARMS SUPP (2-88) and Lots 1 & 6, Block 6, RIVERSIDE FARMS SUPP (2-88), as per plans on file, with a proposed 10' yard for all antennas (45.65' required) and a proposed 86' penetration of the light plane by the broadcast antenna (no penetration of light plane allowed), zoned RG-1/3 General Residential (One & Two Family) is hereby granted. PASSED AND ADOPTED this 26th day of April , 1984. Maurice A. Ferre MAURICE A. FERRE, Mayor ATTEST: Q RALPbiG. NGIE City Clerk PREPARED AND APPROVED BY: G AM MAER Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: ki SE GASE GARCIA-PEDR SA ity Attorney GMM/pb/265 "F2- 84--49G. 1� c RC. CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Howard V. Gary OAT"E a nager/SUBJE�t ,E-. i'e �=Lq,gbn REFERENCES Director Planning and Zoning Boards ENCLOSURES Administration Department April 2, 1984 F1l_E RESOLUTION - APPEAL BY PLANNING DEPT. VARIANCE 2501 NW 7 ST, APPROX 740-742 NW 25 AVE & 741-43 NW 26 AVE COMMISSION AGENDA - APRIL 26, 1984 PLANNING AND ZONING ITEMS It is recoprnended that a review be made of the Variance grante by the Zoning Board to permit the erection of ta,,o (2) dish antennas and one (1) broidcast.ing antenna at 2501 NW 7 Street, approximately 740-742 NW 2.5 Avenue and 741-43 14W 26 Avenue, with a proposed 10' yard for all antennas (45.65' required) and a proposed 86' penetration of the light plane by the broadcast antenna (no penetration of light plane allowed). The Zoning Board, at its meeting of March 19, 1984, Item 7, following an advertised hearing, adopted Resolution ZB 27-84 by a 5 to 2 vote, granting the variance from Article 20, Section 2003.4, Section 2016.3 and Schedule of District Regulations, page 4 of 6, Transitional Uses, Structures and Requirements, CR Commercial -Residential (Generally) I.a. of Ordinance 9500, as amended, to permit the erection of two (2) dish antennas and one (1) broadcasting antenna at 2501 NW 7 Street, approximately 740-742 NW 25 Avenue and 741-43 1JW 26 Avenue, also described as the E 1/2 of Block 5, RIVERSIDE FARMS SUPP (2-98); Lots 5, 6, 7 and 8 less the E 5' of the W 10' of said Lots 7 and 8, Block 5, MERRICK'S SUB (4-189); TRACT "A", CHANNEL 23, SUB (121-82), formerly Lots 2, 3, 4 and 5, Block 6, RIVERSIDE FARMS SUPP (2-88) and Lots 1 and 6, Block 6, RIVERSIDE FARMS SUPP (2-88), as per revised plans submitted on March 19, 1984, with a proposed 10' yard for all antennas (45.65' required) and a proposed 86' penetration of the light plane by the broadcast antenna (no penetration of light plane allowed) with a fence as high as permitted and installed prior to any antenna construction, written assurances to the neighbor that TV reception will not be affected and the tor.,er will be secured against hurricanes or other elements, final landscape approval by the Planning Department and with the voluntary dedication of the E 5' of the E 112 of Block 5 and the E 10' of Lot 1. This Variance is conditioned to the approval of a rezoning application for Lots 1 and G, Block 6, RIVERSIDE FARMS SUPP (2-88) from RG-1/3 to CR-2/7. The property legally described above is zoned CR-2/7 Coiwttercial-Residential (Community) except for Lots 1 and 6, Block 6, RIVERSIDE FARMS SUPP (2-88) and the N 5' of Tract "A", CHANNEL 23 SUB (121-82) formerly the tJ 5' of Lots 2 and 5, Block 6, RIVERSIDE FARMS SUPP (2--88) which are zoned RG-1/3 General Residential (One and Two Family) artd proposed to be rezoned CR-2/7 Cominercial -Residential (Collfiluni ty) . 84-49C e...+nv,,:.,. t��!•.,...`�,:�k,e*,:.itls'LL?(_'?c:na�e�i:a,7'r�4�rrcr I ..�\;�S.�il`f;Y,,�`�?Siiii:'.i:•}:�.;F,'��i�Z�w.�1'wli!A�4i�^'C^Ivsc..'+:^l��iZ'.��. mom_...'�'.�'.i�'k7�'I✓%11�jt�ft�'���`�A.�N �.+� r.p: t,�, Howard V. Gary -2- April 2, 1984 One objection received in the mail; three opponents present at the meeting. Three replies in favor received in the mail; -five proponents present at she meeting. Backup informati:,n is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: DENIAL w..Y'b,-...fti.'�.7i:nT1'A?In1�%ti�i�!'J'.4s.&4#.�S.d`2'!"-.`.�,;°�^a+t+c.�''GitS��?.'_��.:.k�...""`tl�..'� '. .ti. �..� l..v-' 1?N ��� 1� �!�;'a :�a,�.�w.w. rk•L•B :'�?'. "t9r` : �F%}}��-�'�' �'S'�+r�'JZS?'�3i"4`.��S�E'<;�'y,'.�`%N�`hi�r..R+4�!,J�V9��,'?+'•'[":GtiS!'tk4. i'+:-lwlb.��:'�'.?(t!9?.. x'•" . J CITY OF MIAMI, FLOR(DA INTER -OFFICE MEMORANDUM `1 D <2 •1 5 TO Aurelio Perez-Lugones DATE March 29, 1984 FOIE Planning and Zoning Boards Administration SUBJECTAppeal by the Planning Depart ment - Spanish International Communications (Channel 23) Antennas location: NW 7th FROM REFERENCES- , S : tom, ' �,uez, Director Street between 25 & 26 Avenues Zan �r repartment Approval of Variance for ENClOSUR'---S. Zoning Board: March 19, 1984 Per City Code Chapter 62, Section 62-62, the Planning Department requests a review bytile (city Commission of variances granted by the Zoning Board on March 19, 1984 for Spanish International Communications (Channel 23 antennas location, IJW 'jth Street between 25th and 26th Avenues. The Zoning Board on March 19,1984 granted two variances for Spanish International Communications (Channel 230 NW 7th Street between 25th and 26th Avenues. The Planning Department cites the following items as forming the basis for review by the City Commission: 1. No hardship exists to justify the requested variance. The antennas can be accommodated on another site or elsewhere on the subject site without violating zoning requirements. 2. The existing broadcasting antenna is properly located toward the center and away from the residential area. Its proposed relocation and location of dish antennas immediately adjacent and across frorrr residential development would hava an adverse impact upon the living conditions of the area. 3. Spanish International Communications technical advisor stated that the proposed antennas location is not the sole solution for proper broadcasting reception. 'Therefore., other alternative solutions should be considered. It is requested that this item be heard on the City Commission meeting of April 26, 1984. SR/TF/dr 84-49C W1� ZONING FACT SHEET LOCATION/LEGAL 2501 NW 7 Street, Approximately 740-742 NW 25 Avenue and 741-743 N14 26 Avenue The E 1/2 of Block 5 RIVERSIDE FARMS SUPP (2-88) and Lots 5, 6, 7, and 8 less the E 5' of the W 10' of said lots 7 and 8 Block 5 MERRICK'S SUB (4-189) ' and Tract "A" CHANINEL '23 SUB (121-82) formerly {..C�tS , 15. 4 i_117d 5 Block 6 RIVERSIDE i Al.{1S `;U{}{' (2-88) and Lots 1 and G Block 6 RIVERSIDE FAR14S SUPP (2-88) OWNER/APPLICANT SPANISH INTERNATIONAL C0111MUNICATIONS c/o Gary M. Held, Esquire (Attorney for Applicant) 1401 Brickell Avenue Miami, FL 33131 Phone # 579-0583 ZONING This application is conditioned to the approval of a rezoning application for Lots 1 and 6, Block 6, RIVERSIDE FARMS SUPP (2-88) from RG-1/3 to CR-2/7. The property legally described above is zoned CR-2/7 Commercial Residential (Community) except for Lot 1 and 6, Block 6, RIVERSIDE FARMS SUPP (2-83) and the N 5' of Tract "A", CHANNEL 23 SUB (121-82) formerly the N 5' of Lots 2 and 5, Block 6, RIVERSIDE FARMS SUPP (2-88) which are zoned RG-1/3 General Residential (One and Two - Family) and proposed to be rezoned CR-2/7 ' Commercial -Residential (Community). REQUEST Variance from Article 20, Section 2003.4, Section 2016.3 and Schedule of District Regulations, page 4 of 6, Transitional Uses, Structures and Requirements, CR Commercial -Residential (Generally) 1. a. of Ordinance 9500, as amended, to permit the erection of two (2) dish antennas and one (1) broadcasting antenna on above site, as per plans on file with a proposed 10' yard for all antennas (45.65' required) and a proposed 86' penetration of the light plane by the broadcast antenna (no penetration '' of light plane allowed). mam Ak � m � `".'" 4�""'� ..s.' ^�6'R°'.�'C,Sta:��".�r�f'�rt}?�'N:'>t._..v,�tT ,.r "�; v ...:_-.�� e1.`�,` �. ,5•�.'�'�.�A'�'`r'?'.*T�.�c�1�'.'`isa.� I 3' .I.! �'-ti ir.PN i?.�' i�"4YCCP�Mt�'Ml� t. .��'7C'.J+''..l T.et-.Y.ti "-. �•"'.'�r'�.w.-...^��.`tRJ�f���.4� } .. -'. ' RECOMMENDATIONS PLANNING DEPT. DENIAL. No hardship exists to justify the requested PUBLIC WORKS ZONING BOARD variances. The existing broadcasting antenna is - properly located toward the center and away from the residential area as should the proposed antennas. The proposed location is immediately adjaccot and across from residential development. We are or the opinion that the antennas can be accommodated on another site or elsewhere on the subject site without violating zoning requirements. The requested variances would have an adverse impact upon the living conditions in the area. Request the dedication of the Cast 5' of the E 1/2 ! of Block 5 and the East 10' of Lot 1. At its meeting of Miarch 19, 1984, adopted Resolution ZB 27-84 by a 5 to 2 vote, granting the above with conditions. At its meeting of April 2, 1984, adopted Resolution ZB 32-84, assigning a time limitation of 12 months in which a building permit must be obtained. 84-49G, �. ��i��'.i7� K'r�'Y a:. 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AP K — 2 - - 1- • I E ice- r.'. _,84-49( K�'tij-''q'-�4t'.a.{r;"!!.,.��,Nf'`;ai�I�''�.�^^'7;�,.:'�_,-�'��i.. .. .. ., .. .. .. a .. _._. .... .. .. _±'Kt•w.u6rw't�ia+��dl�Y,�1`t.�l`�+,.'pP y'�; _ k PETITION FOR VARIANCE File Number V-83- A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, literal enforcement of this ordinance WOUI(i r•es 'tlt in uruzecessory and undue hardship cart the property. As used in - this ordinance, a variance is out.liorizcd only for heiollt, area, si e Of 'StructUr(?, dimensions of yards and other open spaces and offstrect hari:inp or loading requirements. (>c.;ci.iorr 3101) (� M)i, l,c>1c3 hereby petition the City of Wkicrrni Zoning Board for a varianr e fr=orn'ihe terms of the "Zoning Ordinance of the City of Miami," affecting property located at 2501 N. 11. 7th Star=�t , Minmi, as specified belo%tr. In support of this application, the following material is submitted with this application: X 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. X 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc; building elevations and dimensions and computations of lot area (gross and net), building spacing, LUI ratios, and height envelope. X , 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4cM, ottoch to application). X 4. Certified list of owners of real estate within 375' radius from the outside boundaries of property covered by this application. (Form 6-83 and attach to appl icat ion.) X 5. At least two photographs that show the entire property (land and improvements). 6. Other (Specify) 7. Fee of $ to apply toward the cost of processing, based of the following: (a) RS, RG-1 $100.00 (b) For penetration of Plane Ill by antennas and the like $300.00 (e) All other applications for each request variance $0.03 per sq.ft. of floor area of building(s) • from the ordinance minimum - $300.00 (d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.00; to be refunded if there is no appeal. (City Code - Section 62-61) 2003.4 & X 8. The Variance requested is for relief from the provisions of Sections 2016.3 of the City of Miami Zoning Ordinance as follows: Variance to penetrate the light plane set forth in 52016.3, Ordinance 9500, by a broadcast antenna tower, as per plans on file, entitled "Spanish International Communications Corp." dated February 15, 1984, prepared by E. Frances, AIA; pene- tration proposed: 86 feet; penetration permitted 0 feet -and variance of set -back requirements set forth'in §2003.4, Ordinance 9500, to permit accessory antenna structures (one tower, two dish antennas) with proposed set -back of 10 feet; required is as for.principle building (45.65 feet). X 9. In support of this application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance: Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. X (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the some zoning district in that: (Iist evidence to be produced and use additional sheets, if necessary.) r The proposed broadcast antenna tower is unique to the subject Channel 23 property. It is located adjacent to two satellite dish antennas, which must have structure free access to satellite signals, forcing their location to the northeast corner of the subject property. The broadcast tower must be located to the northeast, towards the rear of the dish antennas. W The special conditions and circumstances do not result from the actions of the petitioner in that: The antenna locations are determined by the feasibility of antenna transmission and reception on the subject property. �-�"�.�--�X'. ��:a�'a-]�'�sae+ ��aAweaM�:.::.5rit�i7.ay�?+•.�i.'Y.'ii:J: 41 ��;r¢. '1-iaz,y. ,f;; r'r,"x ;iM 1^''"1M. '�M!y�'M.. - - j�3}•�'?I'!iT','�%S�kl.7'�-M•!YyLi.�f.r/.?6i �.- y-•�""x:.yn.�'�'S�K iti+n�.+"K..�9+flf,�£W.� p t's*.s.-'.�`j�G��."x"IC?`'�iX�W3�':�Wy;?7al �' �?M',°�!» X (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: Literal interpretation of the ordinance creates an un- necessary hardship in that the proposed 10 foot set -back is an interim measure until the proposed expansion of the Channel 23 building takes place. When built, the principal building will also be set -back 10 feet, thereby legitimizing the antenna locations. Until built, the variance is needed. X (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: The use of the subject property for television broadcasting and signal reception is unique and others in the same zoning district are not involved in this business, for which the requested variances are essential to its continued operation. X t (e) The variance, if granted, is the minimum variance that will make possible the _ reasonable use of the land, building, or structure in that: The proposed antenna locations are the best possible for the subject site. The set -back variance, being interim in nature, is thereby minimum, as well," necessary only until the principal building can be rd•constructed. ORM �.m.fy-.r-1F'-!+•ti±F�;i•rY,rot^R�'•1•ti�'kM N,V..i.^M �iiy^'41"r'��, ,. .r �..too .. .. . -. .,., .,. ... 7 - X (f) The rant of the variance will be in harmony with the .�.. 9 y general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Because the antenna is not a solid structure and will allow light penetration, its proposed location preserves the intent of the light plane section of the ordinance. Because ultimately the necessity for the set -back variance will no longer exist, the Zoning Ordinance intent is preserved. Neither will be injurious to the neighborhood or the public welfare. Note: All documents, reports, studies, exhibits or other ls,ritten or graphic material' to be submitted to the Zoning Board shall be submitted with this appl catiorj. Signature Ff "• ,. ,,m._� 9 t.r3�j�011ionzed A c nt Name ary i1. lield Address 1401 Brickell Avenue STATE OF FLORIDA) SS: COUNTY OF DADE ) Gary M. Held , being duly sworn, deposes and says that he is t.,; OW Authorized Agent of Owner) of the real 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 has authority to execute this petition on behalf of the owner. / SWORN TO AND SUBSCRIBED before e this _` 1 day of 198J. ' U MY COMMISSION EXPIRES: Form t-83 (SEAL) Notary Public, Late of Florida at Large I• r �1� Q'b T�^-_'_r z4firt.... S�f•" "•lu•'.'�G... .. :.Su;.. :',yt! .., xtZtEV:::n>�.':�lr'ai4>Y,4:%Y -*�.%42LF,�^t�4:1rf;'tl:��`3i'�.'-`tF'yy�`if°'�'.07q • e i .t +fly •�.,��': .`Y•l^_AT,•i/ VL •1+^••"``'•.sj:1{Q.i��}���:�!':y'.f.�'e%rt�c�.�' ,�<:���E?k��;`_�� L ,.l?1 1'! k�a' .. `.yl'�2�t'1'� c!fA?►'!�5'� V�Yx'.�:. .�F tii�R? R+'��`��+rt�! `\••' LAW OFFICES GREENBERG, TRAURIG, ASKEW, HOFFMAN, LIPOFF, RosEN 8c QUENTEL, P.A. LINDA O$OOBRICK ADLER BRIAN K. GOODKIND ANTHONY J. O DONNELL, JR MICHAEL 0. AL13ERTINE LAWRENCE S. GORDON ROGER D. OSBURN CESAR L. ALVAREZ MATTHEW B. GORSON BYRON G. PETERSEN - RUDOLPH F ARAGON MELVIN N. GRF_ENBERG VICTOR H. POLK, JR. AMBLER H. MOSS. JR. , RICHARD A. ARKIN MARILYN D GREENBLATT AL13ERT D. OUENTEL ZACHARY H. WOLFF E REUBIN O•D ASKEW ROBERT L. GROSSMAN NICHOLAS ROCKWELL Or COUNSEL JAMES L. BACCHUS GARY M. HELD MARVIN S ROSEN HILARIE BASS LARRY J HOFFMAN DAVID L ROSS _ NORMAN J. BENFORD ARNOLD M JAFFEE DAVID P. ROWE 61RICKELL CONCOURS MARK D BLOOM MARTIN KAL13 ROBERT M. RU13ENSTEIN 1.001 BRICKELL AVENUE BURT BRUTON ROBERT A KAPLAN CLIFFORD A. SCHULMAN MIAM1, FLORIDA 33131 STEVE BULLOCK TIMOTHY E. KISH MARK SCHWIMMER ROBERT K. BURLINGTON ALAN B. KOSLOW MARTIN B. SHAPIRO ALAN R. CHASE STEVEN J KRAVITZ MARLENE K. SILVERMAN TELEPHONES s SUE M COBB STEVEN A. LANOY STUART H. SINGER M IAMI (305) Sig-OSOO I KEN DALL O. COFFEY MARK B. OAV15 STEVEN V. LA PIOUS ALAN S LEDERMAN TIMOTHY A. SMITH DANIEL A. SUCHMAN i_ BROWARO (3O5) v-?3-em ALAN T. DIMOND LAWRENCE B. LEVY HERBERT M. SUSKIN TELEX G'O-31?_4 CHARLES W. COGAR. ITT NORMAN H. LIPOFF YOLANDA MELLON TARAFA TCLECOPY (3C5) 579-07Ie GARY Id. EPSTEIN GARY D. LIPSON ROBERT H. TRAURIG WRITERS DIFCCT NO:. THOMAS K, [DUELS CARLOS E. LOUMIET STANLEY H. WAK5HLAG = - RICHARD G. GARRETT JUAN Pl LOUMIET JONATHAN H. WARNER LAWRENCE GODOFSKY DEBBIE RUTH MALINSKY DAVID M. WELLS ALAN S. GOLD GREGORY A. MARTIN JULIE A. S. WILLIAMSON HARVEY A. GOLDMAN PEDRO A. MARTIN JERROLD A. WISH STEVEN E. GOLDMAN ALAN M. MITCHEL STEVEN Id. GOLDSMITH LOUIS NOSTRO February 21, 1984 Mr. Aurelio Perez-Lugones City of Miami Planning & Zoning Boards Administration Department 275 N. W. Second Street Miami, Florida 33128 Re: Spanish International Communications Corporation Dear Mr. Perez-Lugones: This letter of intent accompanies the subject application for the following: 1. Variance to permit penetration of light plane, as per plans on file; proposed: 86 feet, permitted: 0 feet. 2. Variance of set -back requirements as per plans on file; proposed: 10 feet, permitted: as for principal building, 45.65 feet. The rezoning application previously filed for a portion of the subject property explains the selection of Channel 23-1,1iami as the center for operations and transmission of Spanish International Network communications. The relocation of the antenna toter on site and the addition of two satellite antennas is necessary for this expansion to be accomplished. The antenna tower must be located to the rear of the satellite 'dish antennas, and therefore, the only possible location is at the r*'?- ra'>.�e ts�Yh;+a'.�,�.?�;rSfr?is.�!:� Y:ya,+t-: -�®..ti s.�ae:; �.,�..3. ;:?�is,!ar`�Yt§�1�.2L "s+;,c:-�,:.a"'"���;t •?�?i£+: .. northeast corner of the site, penetrating the light plane. Be - 'cause the building expansion has not yet occurred, the accessory antenna structures are proposed to be temporarily located closer to the street than the principal building, requiring the variance from set -back requirements. As the code requires they will have the same set -back as the principal building once the expansion is accomplished. We urge your favorable review and approval of the above re- quest. Respectfully submitted, GREENBERG, TRAURIG, ASKEW.- HOFFMAN , LIPOFF , ROSEN & QUENTEL By. � ICI ./,H E L D GMH/bwp GREEN BERG. TRAURIG. ASKEW, HOFFMAN. LIPOFF, ROSEN & OUENTEL, P. A. 84-49C .ti DI�LGSCS"r.E QF (�EI�HIP 1. Legal description and street_ address of subject real property: Legal: See Exhibit "A" Address: 2501 ti. W. 7th Street Owner(s) of suujc`ct real percentage of ownership. Note. City of miarni Ordinance Ni o. 9419 requires disclosure of all parties aving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Spanish International Communications Corp. (See Exhibit "B") _ 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2t and (b)•located within 375 feet of the subject real property. None STATE OF FLORMA ) , SS: COUINTY OF DADE ) Gary M. Held , being duly sworn, deposes and says that ne is the (kex) (Attorney for Owner) of the real property described in answer to question sl above; that he has read the foregoing answers and that the same are trued complete; and (if acting as attorney for owner) that he has authority to execute is Disclosure D nprship form on behalf of the owner. (SEAL) 71-T Mame). SWOyN TO PIZ SUBSCRIBED before me this'; ... day ofj�; , r�rQ «. ► 193 Nct.ary Put)l l c, State or V Florida at Large f"- CO+.MJSSI0N EY"PIR S. A.Y C.r. •.iti: 19 STATE OF FLGW DA ) SS: COUINZY OF DADE ) being duly swrjrn deposes and of says that he is the duly al7pointed r =' the owner of the real property descrikead in answer to question 4 ,above; that he has read the foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship fore on behalf of the owner. (SEAL) (Name) SVuORN TO PND SUESCF.IBED before me this day of Notary Puolic, State of Florida at Large MY COMMISSION MPIRES : t JGMM/wpc/ab/025 84-49C 9 LEGAL DESCRIPTION TRACT A, CHANNEL 23 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 121 AT PACE 82 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALSO THE E1/2 OF BLOCK 5, OF SUPPLEMENTAL PLAT OF RIVERSIDE FAWlS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOI{ 2, AT PAGE 88, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALSO LOTS 5, 6, 7 AND 8, BLOCK 5, MERRICKsSUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, AT PAGE 189, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALSO LOTS 1 AND 6, BLOCK 6, SUPPLEMENTAL PLAT OF RIVERSIDE FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 88, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. EXHIBIT "A" 84-490 _{ti..4i�.,:,a€r:.R.:�,:._'t�•s:+rP.�«'aa+ic°.:.Y?',t .warey;,�`.. r:-Y- ,,n:-*3; ,.h,l::.•;k^aaLy,:iY':+,j.�1z.�CYk�_,+c.—,.^';+:ftia�Wtd�^`Xdiia"�^`^.- i'CWsL` ..�. ��'. f �r SPANISH INTERNATIONAL COMMUNICATIONS CORPORATION OWNERSHIP REYNOLD V. ANSELMO EMILIO NICOLAS DANIEL D. VILLANUEVA JOIiN PEI:O RICHARD LANCE JAMES 11EFIK ROBERT PORTER RONALD S. ROSEN SALLY SEGAL LARRY ALEXANDER LAWRENCE BECKMAN CAROL BIRD MANUEL CALVO ED DeGRAY BERTA ESCURRA FOUCE AMUSEMENT ENTERPRISE ROBERT HITCHENS ESTATE OF JAMES JACOBSON JULIAN KAUFFMAN LAURA INVESTMENT CO. NIETROPOLITAi1 THEATER LEO OBLATH GERARDO PALLARES MARIO PEDI:OTTI MARIA SASINE CARL SILVERBERG WILLIAM STILES LOUIS SWEENY Exhibit "H" WILT Percentage 23.9 6.7 6.0 .04 .4 .06 .4 .4 .2 5 -- .04 .04 .04 .2 .5 25.4 .04 9.1 1.8 20.0 2.2 .6 .04 .04 .02 " Ap .4 r .04 1 S4-45C .,.. .:. ...wr,,.aw-"g-�, 13 e„�xs.-.� h."A; S� •� - � z. %?s`i"-..:F'�;?1 riY•;�.:-•.. irp..•�': r. �.�_'zi9 _.Y�_wY:.`,k.4f 3 T&%. _ �:tt%yt�`++: '�'e':�` +'S1=',3,g.'4J?ke-..4 «'t::3*..-.a�...tII �..�tl�!!?r;,�r ;;r •� �r3r::`;�.,. .. 4�iewetS"��,?lid'.. ... `+sf'di.•,'.,'r"'i-"'-°'r,.�""►`='�?�:�?'',bk�e!�;;:.•-•�.Q', -- ; 1' i Fouce Amusement Enterprise Frank L. Fouce 97.5 % Laura B. Fouce 0.5 % Thomas A. Fouce 0.5 % Paul M. Fouce 0.5 % Victoria L. Fouce 0.5 % Martha P . Fouce _ 0.5 % '• ` Metropolitan Theatre Corwin Theatres Corp. 100 % Dorothy Corwin 80 $ Bruce Corwin 10 % Iry Fuller 10 % Laura Investment Co. Pan American Television, S. A. 100 $ Carmela A. Burillo 33.33% Laura A. de Wachsman 33.33% Emilio Azcarragam 33.33% .•j c/o Gary M. Held, Esq. 1401 Brickell Ave. Miami, Fla. 33131 M A. M 84--490. .............: ... . , . N A F F 1 D A V lT `r M STAU� OF .1 :IIDA) SS. COT,, lY QF D ;DE ) Before me, the . nd•_'^.;iE:cd authority, this day persoro-Ily appe. aced Gary M. Field Who beingby me fir: t duly—.-orn, upon oath, deposes and says: 1. That he is tha O:mcr, or the legal representative of the oi%mer, sub:zitting the acccmpanyixig application for a public heari*1g as required by OrdLn nce No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Nda.-ai as described an.4 listed on the pages attached to this affidavit and made a part thereof. 2. That all o'..�lers arhich he represents,. if any, have gi ve-n their full and cc„- fete perm -fission for him to act in their behalf for the cha..1-.E;e or modification of a class- fication or regulation of zc:>.iTL,- as set out in the petition. 3. TTL= the ...yes attached hereto and made a part of this affidavit coma_' n the cLL � Ent r:--7,es, mailing add-resses, phone =--bers and legal descriUtiors for t-e real property which he is the caner or legal repres=Cative. 4. The facts as represented in the application and doc;z..e ,ts s.:;..' a ted in conjt:.^.ction :.ri.th this affidavit are true and correct. F= Sher Aifiant sayeth not. Sworn to and Subscribed before me �tYLi.s� day of QC 19,�51 } Notary Public, State of Florida at Large Nry Comr.-.iscion Fr.Yires: tdC3i;: `( tUtHC STATE of f1,0,'.tDA AT l:,Wt tAi CO,, tWS:V�N 1V:;'_S J.vj . 28 1985. BOND".D Tf.RU G.:NLDv+L 114S, Ut4DERWR1iERS t z 'S LIST Owner's flame Spanish Tnte.rnational Communications Corp_ (;ailing Address c/o Gai-y t9. melt], Esquire Telephone ?;umber 579-05£33 Legal Description: See Exhibit "A" Owner's Name Mailing Address�y Telephone Number Legal Description: 0►;-ner' 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 follo�,•rs: Street Address Legal Description Street Address Street Address Legal Description Legal Description I 84--49C• r- �,: i:•+k'+Y�. �`i"X'�#+�.M';x' .t�i^'�':''2J- �L 1: �r s ,�} �:� r ax, ,.a.. �g. . .6+w:tw�5s3'% .tYii'rt N 4.0 4.4r�u1 LEGAL DESCRIPTION TRACT A, CHANNEL 23 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 121 AT PAGE 82 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALSO THE El/2 OF L31..,OCI{ 5, OF SUPPLEI ENTAL PLAT OF RIVERSIDE PAR7•1S, ACCORDING TO THE PLAT 'THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 88, OF THE PUBLIC RI,CORDS OF DADE COUNTY, FLORIDA. ALSO LOTS 5, 6, 7 AND 8, BLOCK 5, MERRICK SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, AT PAGE 189, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALSO LOTS 1 AND 6, BLOCK 6, SUPPLEMENTAL PLAT OF RIVERSIDE FARMS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 88, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. EXHIBIT "A" w 84-49C, '-f . ; . �••'.. ,: �cz;q.�i.�+rye.�,,.}J•w:1.,.1-'�+aa�'-ra.x:..:.NM±.c�,.«*t;.4?^�':d•:a-,...,;=}.,fie u.'. tt Y.ir �=« s�'F:?�'x'^..a',...i:,f`t.;.:..ivi�o�*a�#:'A.<�e;Y�..:?,a►t�a.�".v..}`}w`5►"'sea:a;.�..: �.. .. .+r.•^�Z'1S3t%�'��vl�+-r: !%i:'!.:'; ii'>'�'_�-S'+ �j',��;is?4%�'tl�.'LM+�'��/�•.�+.�.`TLi:Z`.ti..`.?�'S.'k�'.'n��'1�'+.•.�'SS:`J73'.5."��?!�rr•4^.±;^:` if CITY OF MIAMI, FLORIDA \" INTER -OFFICE MEMORANDUM TO Sergio Rodriguez DATE. April 12, 1984 FILE. Director" Ling Dep r ment SUBJECT APPEAL BY PLANNING DEPT z 2501 NW 7 St, Approx 740-742 NW 25 y nes �� E xe/ e'" Ave & 741-743 NW 26 Ave FRD'.t �' Direc or REFERENCES Planning and Zoning Boards ENCLOSURES Administration Dept On April 26, 1984, the City Commission will consider the appeal of the Variance granted with conditions by the Zoning Board on March 19, 1984 by Resolution 7_B 27-84. 2501 IJW 7 St Tract A Approx 740-742 1JW 25 Ave & CHANNEL 23 SUB (121-82) 741-743 14W 26 Ave formerly Lots 2, 3, 4 and 5 The E 112 of Block 5 Block 6 RIVERSIDE FARMS SUPP (2-88) RIVERSIDE FARMS SUPP (2-88) -and- -and- Lots 5, 6, 7 and 8 less the E 5' Lots 1 and 6 of the W 10' of said lots 7 and 8 Block 6 Block 5 RIVERSIDE FARMS SUPP (2-88) MERRICK'S SUB (4-1.89) Variance from Article 20, Section 2003.4, Section 2016.3 and Schedule of District Regulations, page 4 of 6, Transitional Uses, Structures and Requirements, CR Commercial -Residential (Generally) l.a. of Ordinance 9500, as amended, to permit the erection of two (2) dish antennas and one (1) broadcasting antenna, as per plans on file, with a proposed 10' yard for all antennas (45.65' required) and a proposed 86' penetration of the light plane by the broadcast antenna (no penetration of light plane allowed). Please be advised that the appellant and petitioner are required to attend this meeting. AEPL:111 cc: Gary Held 84-49G ... A.f_ r:4, a'�nlr'.K'+.Y�wY?!P�`v.�}.(�tEl .:'T?^�m°iS w ��.'.a�R�?'� _'.,'•r�L -f�l �-,-'r "Cf�r.1,�jV:Y}'.RM�t.-t,'.Yr•- C10 0 April 12, 1984 CERTIFIED MAIL Spanish International Communications c/o Gary Held 1401 Brickell Ave Miami, FL 33131 Dear Mr. Held: HOWARD V. GARS City Manager RE: APPEAL BY PLANNING DEPT 2501 NW 7 St, Approx 740-742 NW 25 Ave & 741-743 IJW 26 Ave On April 26, 1984, the City Commission will consider the appeal of the Variance granted with conditions by the Zoning Board on March 19, 1984 by Resolution ZB 27-84. 2501 I4W 7 St Approx 740-742 NW 25 Ave & 741-743 NW 26 Ave The E 1/2 of Block 5 RIVERSIDE FARMS SUPP (2-88) -and- Lots 5, 6, 7 and 8 less the E 5' of the W 10' of said lots 7 and 8 Block 5 MERRICK'S SUB (4-189) Tract A CHANNEL 23 SUB (121-82) formerly Lots 2, 3, 4 and 5 Block 6 RIVERSIDE FARMS SUPP (2-88) -and- Lots 1 and 6 Block 6 RIVERSIDE FARMS SUPP (2-88) Variance from Article 20, Section 2003.4, Section 2016.3 and Schedule of District Regulations, page 4 of 6, Transitional Uses, Structures and Requirements, CR Commercial -Residential (Generally) l.a. of Ordinance 9500, as amended, to permit the erection of two (2) dish antennas and one (1) broadcast- ing antenna, as per plans on file, with a proposed 10' yard for all antennas (45.65' required) and a proposed 86' penetration of the light plane by the broadcast antenna (no penetration of light plane allowed). Please be advised that the appellant and petitioner are required to attend this meeting. AEPL:111 cc: Planning Department Si cerely, / r--� T gje s 84-490 PLANNING & ZONING BO{RDS ADMINISTRJkTION DtP^RTMFNT/275 N.W. 2nd Stroet IMiami, Ft 331'!l .;30;! i •i 1,11e2