The URL can be used to link to this page

Home My WebLink AboutR-84-02162 J-84-6(a) 1/5/84 RESOLUTION NO. 84--21.6. , A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE 6871, ARTICLE: XXIII, SECTION 7(4)(c) TO PERMIT CONSTRUCTION OF A FOUR STORY OFFICE BUILDING All 1740 SOUTHWEST 22ND STREET, ALSO DESCRIBED AS LOTS 9, 10 AND 11, BLOCK 27, NEW SHENANDOAH, (10-55) AS PER PLANS ON FILE, WAIVING ONE REQUIRED OFF- STREET LOADING SPACE; ZONED C-2 (COMMUNITY COMMERCIAL). WHEREAS, the Miami Zoning Board at its meeting of December 5, 1983, Item No. 3, following an advertised hearing, adopted Resolution No. ZB 185-83, by a 4 to 2 vote DENYING the variance as hereinafter set forth; and WHEREAS, the applicants have taken an appeal to the City Commission from denial of the Variance; and WHEREAS, the City Commission after careful consideration of this matter and notwithstanding the denial by the Zoning Board, finds that peculiar circumstances exist which impair the owner's right to some reasonable use of the property; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the decision of the Miami Zoning Board in this matter is reversed and the request for a variance from Ordinance No. 6871, Article XXIII, Section 7(4)(c), to permit construction of a Four-story office building at 1740 Southwest 22nd Street, also described as Lots 9, 10 and 11, Block 27, NEW SHENANDOAH (10-55), as per plans on file, waiving one required off-street loading space; zoned C-2 (Community Commercial) is hereby granted. PASSED AND ADOPTED this 28th day of February , 1984. Maurice A. Ferre EST: 4 MAURICE A. FERRE, Mayor RALFPH G. ONGIE 47 City Clerk PREPARED AND APPROVED BY: 4oe G. MIRIAM MAER Assistant City Attorney CITY COMMISSION MEETING OF FEB 288 1984 lilli #w. _84-!-216 0 2 APPROVED AS TO FORM AND CORRECTNESS: e _ ♦/C 1.. JQW GARCIA-PEDROSA ty Attorney GMM/wpc/182 -2- 84 -216. , I '!Tr •.u.:.+ t ca INTER -OFFICE -'4EtiIC7.- =.i,,.)U'A Howard V. Gary December 29, 1983 City Manager RESOLUTION - APPEAL BY APPLICANTS J 1740 SW 22 STREET ior Direco s �` COMMISSION AGENDA - JANUARY 26, 1984 Planning and Zoning Boards PLANNING AND ZONING ITEMS Administration Department It is recommended that a review be made of the Variance deni'ea' by the Zoning Boar to permit construction of a four story office building, waiving one required offstreet loading space at 1740 SW 22 Street. The Zoning Board, at its meeting of December 5,-1983, Item 3, following an advertised hearing, adopted Resolution ZB 185-83 by a 4 to 2 vote, denying the variance request from Ordinance 6871, ARTICLE XXIII, Section 7(4)(c)-' to permit construction of a four story office building at 1740 SW 22 Street, also described as Lots 9, 10 and 11, Block 27, NEW SHENANDOAH (10-55), waiving one required offstreet loading space; zoned C-2 (Community Commercial). Two objections received in the mail; two replies in favor received in the mail; two proponents present at the meeting. Backup information is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:I11 cc: Law Department NOTE: Planning Department recommends: DENIAL 84-2% , ZONING FACT SHEET LOCATION/LEGAL 1740 SW 22nd Street (A/K/A Coral Way) Lots 9, 10, and 11 Block 27 NEW SHENANDOAH (10-55) OWNER/APPLICANT Propiedades Sol, Inc c/o Isabel Delgado Esquina Puente Victoria Centro Villasmil Oficina 101 64ezanina Caracas, Venezuela Michel E. Anderson (Attorney for Applicant) 520 Brickell Key Drive Office Plaza Suites 305-307 Miami, FL 33131 Phone # 374-3800 ZONING C-2 (Community Commercial) 000 REQUEST Variance from Ordinance 6871, ARTICLE XXIII, Section 7(4) (c) to permit construction of a four story office building on above site, as per plans on file, waiving one required off- street loading space; zoned C-2 (Community Commercial). RECOMMENDATIONS 'PLANNING DEPT. DENIAL. There is no hardship to justify the requested variance. Particularly in this area,it• is necessary to keep commercial vehicles off the street when loading or unloading. PUBLIC WORKS No dedication is requested. ZONING BOARD At its meeting of December 5, 1983, the Zoning Board adopted Resolution ZB 185-83 by a 4 to 2 vote, denying the above variance. CITY COMMISSION Continued action to February 28, 1984. .01 84--21L6 If .» 't.a �.\ . _ .�. .a�.rjtC�.a .'.'iil: .. r'.. . - ..._ . . .. •. � � .. r.- ....�. .. _... r.• •f S' .... : Ls....li.�t.w: .KY.;:.._ .:y...-�'.::.�'�. �s's?�t�.+3.:i.:.�t.�:.�-+w.�'-.. ......:.-_.... . ....-.. . .... i.. ... ..� . .. •'T7�. .�t ., . 14 SUBDIVISION �- CD ' 1 • 1 °O 9 9 3 .3 �� 7 10 _ �� 6 In o TELCOfSUB• o 3 s e �° 10 13 y to" N TR.A N _y , , ►- 0 ST. l 110 1r: , 6 O 4 3 2 I e 03 4 6 2 6 S 3 2„ • Q 1ry I • u u %u S u 1 POv- R11 All I €OIEll�i'�EIQI� NECZ �I¢IIIpiC�Cld�g' armNAN - mmmmmmmmm�� I�A�� mm�m� e 7 3 18 6 S 4 3 2 1 17 19 20 21 22 23 24 1 d V0 23 l0 t 13 It 11 10 9 e 7 6 6= ,� • 34 a 2s e 15 le 17 1 20 21 22 23 24 • 7 2e , 7 2 0 6 27 6 S T. S.W. 23 ST. 8 7 6 S 4 3 2 1 14 13 12 11 10 9 e 7 6 5-- w 6cn29 n > e e es •• .. 5 'a S.W. 23 S I7 10 19 20 2I 22 23 24 [ 1 5 16 17 18 19 20 21 .9223 24 .. es se • •""I ,3 I le 19 13 14 IS 16 I TER 8 7 0 0 4 3 2 1� (n I 20 �', 0 12 1: 1713 I212�23t4.� ! 0 - ST 1 2 3 4 S 9 10 I S- Z8 DECEMBER 5, 1983 AS-43 1740 SW 22 STF.EET AP L-17 A ;AFAW. g" *43-J � r72 vm. Llt�''tr 1% , -2 SON. -2U, 84 za DECEMBER 5, 1983 AS-43 I q-1,11 1 7 f. rl P': STr--= i MICHEL E. ANDERSON ` ATTORNEY AT LAW (� 520 BRICKELL KEY DRIVE .g j 11f_� ( 20 ? 4 OFFICE PLAZA SUITES 305 - 307 MIAMI• FLORIDA 33131 (305) 374 3800 December 20, 1983 City of Miami Attn: Mr. Aurelio E. Perez-Lugones .- Director of Department of Admin. for Planning & Zoning Boards 275 Northwest 2nd Street Miami, Florida RE: 1740 SOUTHWEST 22ND STREET, PROPIEDADES SOL S.A. Dear Mr. Perez-Lugones: My client seeks to appeal the decision of the City of Miami Zoning Board on December 5, 1983 in which the requested variance of one loading bay (one required) was denied. The basis of the appeal is the fact that the applicant proved a legal hardship under the standards of the City of Miami Comprehensive Zoning Ordinance and that the decision to deny the variance wa*b arbitrary and unre4sonable. Enclosed herewith is a check in the amount of $345.05 to cover the cost of the appeal. Thank you for your cooperation in this matter. Cordially, MICHEL E. ANDERSON, ESQUIRE MEA/ag Enclosure 1 84-?16 4 _ < . - - .. . _ , `::'3�?.q'.:maw;-'= .. _ ..r•r•--M •• �� . • r,• C^fl��.i C\TI nn \. a..^\I'�� \•".' it ?r 1lam'• 7C•\• 7 _r".. 1T �,.C� Please ^a-:e a wr"'cn statement below which sub: -..its that your for a Variance ^eet3 the following rec-sirenents in that there arc ; eculiar circumstances as to SIZE, SHAPE, or MATUPAL Fes: PLE S o: the parcel of land (and sometimes its LOCATION) 1. Soecial con--it-ions; and circumstances exist which are peculiar to the land, structure, or building and which are not applicable to other lards, structure, or buildings in the same zoning.di:trict. 2. The special conditions and circumstances do not result front my (our) actions. • 3. Literal interpretation of, the provisions of these zoning regulations would deprive me (us) of rights co=.only enjoyed by other properties in the same zoning district under the terms of these zoning regulations and would work unnecessary and undue hardship on me- (us) . - 4. Granting the variance requested wi..11 not confer on me (us) any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district 5. The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure. 6. The grant of the variance will be in hax-mony with the general intent and purpose of these zoning regulations, will not be in;uric;:s to the neighborhood, or otherwise detrimental to the p:::'_ic welfare. nlicant is seeking a variance from the required off street loading space. Applicant is constructing an o tice bulicling or — less than 14,000 square feet of gross floor area. It is proposed Enat Me oullatng cant's architects worked closely with all departments in the —design of — tile -bell ing Upon preliminary apprournI Qf At t departments, applicant's architects prepared working drawings and mhwJt*Pd full plans for the buildiria permit. The zoning inspector, who•had given preliminary approval, resigned prior to submittal of the 4,ins.for permitting. The current plan examiner advised that one 1 off street loading space would a required. Applicant would submit that the requirements for.an off street .Loautng sive since office buildings are shown in the ordinance to be in halls, museums, churches; commercial. recreation establishments, and in fact, they are entirely different. These special conditions and circumstances do not result from the actions of the applicant. Applicant would submit that since the proposed (please use back of sheet if necessary) (sIG:7ED ) t.. use is for condominium office, no off street loading space should be required for such a small building since only small deliveries can be anticipated. In addition, the error of the zoning inspector has put the applicant in a difficult position, since the applicant has plans designed based upon ordinance number 6871 and the zoning review. It is virtually impossible to redesign the plans to provide art off street loading space. Applicant would submit that the variance requested is the minimum variance that would make possible the reasonable use of the land at this time. In addition, applicant would submit that most of the buildings on Coral Way which are larger than the proposed structure and some buildings on Brickell Avenue do not appear to have an off street loafling space, thus a literal interpretation of the provisions of the ordinance would deprive applicant of the rights commonly enjoyed by other properties in the city and would work an unnec- cessary and undue hardship upon the applicant. The grant of the variance will be in harmony with the general intent and purpose of the zoning regulations, will not be injurious to the neighbor- hood or otherwise detrimental to the public welfare. 0 01 S''-2M, •'. , T t A �� i C•' -- CC � J th.i3 day p-2: a7p-2_ _-i MICHEL E. ANDERSON, ESQ. , �;h� bcir.�; by me fir:,t upcn cath, deccsac _r• s: 1. Tt=_ he is th:! c-.-;— r, or the legal representati':e of the ov-rer, sub.:,ittir4 the 2CC�..:.].'1�'1_'L� application for a public as rec•.y4 red by C-t4 � cc I -to. 6071 of t;:e Code of the City of Ria:i, F1c: ida, effec;.ing the real prom: ry located in the City of t1dami as described and listed on the paves attar ed to this affidavit and node a par-,, thereof. 2. That all c:.ner- which he represents, if any, have gi•: en their full and cc;-,mlete ;er assicz for hi.^; to act in their behal..' for the c'- or .:.rcir ication of a classi` -- cation or regulation of zc:ii:.g as set cut in th—_ accc:7=-n.•, 9 petiticn. 3. the fames attached hereto and rrade a pc---7t of this cc -twin the curz-rt na7nas, rr 111.- add_—esses, phcne nL:.:.cers and leg-, desc :. tic -_ fer t:.e real- which he is the c•;.,ner or le`=i re rers4tative. 4. The facts as repr 2sented in the application and SlUt._=ea in cc::;;w._ticn .:th this af.id-vit are true and correct. Furl! er kffiant ssveth not. (hate) Swotn to and Sub -scribed before me this day of June 19 83 t�.,V"n hotarf Public, State of Florida at Large It/ CC:T'a:-:Sion Expires: -- �,� z� ��4 84-216 Z? S L , ST Owner's Name {�co�do�Gb Sod. S. r-h. �,ai 1 ing Address �e1q..r V' Telepncne `;umber Leg31 Description: tom+ s atvo. ,•, �w�,�,•�,-7 Now sti-•�.a.,�yo�d., fro% Nner's Name 1.1ailing Address Telephone Number Legal Description: O;:ner's game Mailing Address Telephone Number Legal Description: Any other real estate propert •iti•rned individually, jointly, or severally (by cc-poration, partnership privately) within 375' of the sut;;ect site is listed as follo•..s: Street Address Lecal Cescriotion Street Address Leaal Descriotion 'Street Address Lea31 Descriotion J DISCLGSURE OF CA41EP5HIP 1. Legal description and street address of subject real property: Lots 9, 10, and 11, Block 27, NEW SHENANDOAH, according to the plat thereof as recorded in Plat Book 10, at Page 55 of the Public Records of Dade County, Florida. 2. Owner(s) of suujtr-t real provzTZ -and percentage of ownership. Note: City of 14iami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Propiedades Sol, Inc. 100 Percent Owner Sole Stockholder is Isabel Delgado Esquina Puente Victoria Centro Villasmil Oficina 101 Mezanina Caracas, Venezuela 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. None MICHEL E. ANDERSON, ESQUIRE XMEWVR ATTMFIgEY FOR OWNER STATE OF FLORIDA ) SS: COLRIM OF DADE ) MICHEL E. ANDERSON, ESQUIRE- , being duly sworn, deposes and says that ne is the (Attorney for owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that the same are true and mnplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. SWOM TO AMID SUBSCRIBED before me this r{(� day of June 1981 . MY CON ISSION WIRES; NO i 4•RY ' [;;e�IC t'C S I"ATE O' FLORIDA (i"Y L(i4 `.i:UP AF„ 24 1937, •. MICHEL E. ANDERSON, ESQUIRE; (Name (NotaEy Public, State o Florida at Large i 84--216 i