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Home My WebLink AboutR-83-04323-83-421(b) RESOLUTION NO. 83r-43Z A RESOLUTION DENYING THE GRANT OF VARIANCES FROM ORDINANCE NO. 6871, ARTICLE XIV SECTION 6, AND ARTICLE XXIII, SECTION 4(23), TO PERMIT CONSTRUCTION OF A 9-STORY OFFICE BUILDING WITH AN ADDITIONAL LEVEL OF UNDERGROUND PARKING ON LOTS 17-22 INCLUSIVE, BLOCK 68, EAST SHENANDOAH (14-55), ALSO DESCRIBED AS APPROXIMATELY 1261 SOUTHWEST 22ND STREET, AS PER SITE PLAN ON FILE, WITH A FLOOR AREA RATIO (F.A.R.) OF 3.8 (2.0 PERMITTED); AND PROVIDING 0 OF 150 REQUIRED OFF-STREET PARKING SPACES; ZONED C-2 (COMMUNITY COMMERCIAL). WHEREAS, the Miami Zoning Board at its meeting of April 11, 1983, Item No. 3, following an advertised hearing, adopted Resolution No. ZB 48-83, by a 5 to 0 vote DENYING VARIANCES as hereinafter set forth; and WHEREAS, the applicants have taken an appeal to the City Commission from denial of the variances; and WHEREAS, the City Commission, after careful consideration of this matter, finds that there are no peculiar circumstances affecting this parcel of land, no practical difficulties nor unnecessary hardships which would impair the owner's right to the reasonable use of the property in the absence of the variances which have been requested as hereinafter set forth; nor any other basis upon which to grant the variances; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The denial of variances from Ordinance No. 6871, Article XIV Section 6 and Article XXIII, 4(23) to permit construction of a 9-story office building with an additional level of underground parking on Lots 17-22 inclusive, Block 68, EAST SHENANDOAH (14-55), also described as approximately 1261 Southwest 22nd Street, as per site plan on file, with a floor area ratio (F.A.R.) of 3.8 (2.0 permitted); and providing 0 of 150 required off-street parking spaces; zoned C-2 (Community Commercial) is hereby affirmed. CITY COMMISSION MEETING OF M, A Y 31 1983 83-434 do PASSED AND ADOPTED this 31 day of ` May , 1983. ATTEST: C'1 F G.ONGIEy Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney Maurice A. Ferre____ MAURICE A. FERRE, Mayor APPROVED AS TO FORM AND CORRECTNESS: t � 4SE R. GARCIA-PEDROSA City Attorney GMM/wpc/063 -2- 83-432 E 0 32 Ci7Y �F .:AAML =L QRIDA INT=R-CFFiCE P1EMORANOUM Tr_1 Howard V. Gary 0"4T- May 5, 1983 FILE City Manager RESOLUTION - APPEAL BY APPLICANTS VARIANCE DENIED BY ZONING BOARD APPROX. 1261 SW 22 STREET urelio E. Perez-Lugones +_ ERLr+c�S COMMISSION AGENDA - MAY 26, 1983 Director PLANNING AND ZONING ITEMS .Planning and Zoning Boards I:NCLOSURES Adminis*Cration_Department "It is recommended that a review be made of the Variance denieTTy—the Zoning Board to permit construction of a 10-story office building located at approximately 1261 SW 22 Street. The Zoning Board, at its meeting of April 11, 1983, Item 3, following an advertised hearing, adopted Resolution ZB 48-83 by a 5 to 0 vote, denying the variance request to permit construction of a 9-story office building with an additional level of underground parking on lots 17-22 inclusive, Block 68, EAST SHENANDOAH (14-55), also described as approximately 1261 SW 22 Street, as per site plan on file, with an FAR of 3.3 (2.0 permitted); and providing 0 of 150 required off-street parking spaces; zoned C-2 (Community Commercial). Nineteen objections received in the mail; sixteen opponents present at the meeting. Six replies in favor received in the mail; nine 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. GF:111 cc: Law Department NOTE: Planning Department recommendation: DENIAL 83-433 83-432 i 0 C ZONING FACT SHEET LOCATION/LEGAL Approximately 1261 SW 22nd Street Lots 17-22 inclusive Block 68 EAST SHENANDOAH (14-55) and Approximately 1250 SW 21st Terrace Lots 8, 9 and 10 Block 68 EAST SHENANDOAH (14-55) OWNER/APPLICANT Villa Ten, Inc. Mr. Ceiestino Diaz c/o Judith A. Triefler (Attorney for Applicant) 2401 Douglas Road Miami, Florida Phone #446-2200 ZONING C-2 (Community Commercial). and R-1 (One Family Dwelling). REQUEST Variance to permit construction of a 10-story office building on above site, as per plan on file, with a Floor Area Ratio (FAR) of 3.8 (2.0 permitted); and providing 0 of 150 required off-street parking spaces. This application in conjunction with a Conditional Use request for off-street parking. and Conditional Use to permit an open parking lot for the parking of 47 private passenger vehicles accessory to the proposed office building at approximately 1261 SW 22nd Street. This petition in conjunction with variance requests for FAR and waiver of off-street parking spaces. RECOMMENDATIONS PLANNING DEPT. DENIAL. There is no hardship to justify the requested variances for floor area ratio and off-street parking spaces. The requested FAA is a 90010 increase over what is permitted and therefore does not qualify as a hardship. The fact that the residential site has been used for parking does not justify the use of the site to provide for required parking which is tantamount 83--433 83-432 1 0 PUBLIC WORKS ZONING BOARD to rezoning to commercial use. The existing parking area was used in accord with the intent of the zoning ordinance. Although conditional use parking for excess or extra parking is deemed desirable, the use under the conditions proposed is potentially detrimental to the adjacent and surrounding low - density residential area, not per se, but as a total development. The waiver of 103 parking spaces (assuming the 47 to be provided as a conditional use) has no merit with respect to current standards and needs. The development is not in close proximity to future rapid transit to justify such a waiver. No dedication is requested. The driveways shall be a minimum of five feet from the side property lines where they cross the base building line. This item was deferred from the meeting of March 7, 1983 at applicant's request due to short board. ZONING BOARD At its meeting of April 11, 1983, adopted Resolution ZB 48-83, by a 5 to 0 vote, denying the variance and Resolution ZB 49-83, by a 5 to 0 vote denying the conditional use. 83-433 83-432 i 0 1 APPROX.1250 S.W. 21 TERR . APPROX.1261 S.W. 22 ST. I EAST SHENANDOAH _Q L'Ril�'L::fLu• o H R-C 1h1I�� . 83-4362, 83*- 32- CITY OF MIAMI PLANNINC DEPARTMFNT __. If the prcperty is o'.!R'2'1 �)V d i;�'??'7?%1ii�.i list the 0' icE_!r diroctcrs and ?rinc..`?-il an,, U-2 r)er ;.CntaG of st: owned by each. ' Name Percentage of Stock; 100 If the prc:::arty is in the na.-ne of a TRUSTEE ] ist the benefici- aries of the trust with percentage of interest. Name Percentage of Steck If there is a CONTRACT FOR PURCHASE state for wilt)5-- 4211at i application is being mad:?. If the PURCHASER is a TRUSTEE or a CORPORATION, the same in`onia- tion must be furnished as indicated above for the applicant C-7)H FORA IMN or TRUSTEE. 83-433 83-43Z. 0 0 CITY O, MIA MI LAW OFFICES FINE JACOBSON BLOCI{ Kij.-iN COLAN & SIMoN, P. A. P.O. BOX 140800 '83 APR 18 P12 �8 IRWIN J. BLOCK MITCHELL R. BLOOMBERG 2401 DOUGLAS ROAD BRUCE JAY COLAN GENE ESSNER MIAMI, FLORIDA 33134 MARTIN FINE ALAN R. HECHT (305) 446-2200 GERALD T. HEFFERNAN SARA B. HERALD �MIAMILAW BERNARD JACOBSON CABLE ADDRESS THE000RE KLEIN TELEX 52'2726 HENRY LATIMER MANUEL LUBEL REBEKAH J. PO S TON STANLEY S. PRICE JOSEPH H. SCROTA . STUART L. SIMON R ICHARD F. SPERRING J U DITH A. TRIEFLER KATHLEEN M. WEBER LINDA ANN WELLS April 13, 1983 Mr. Aurelio Perez-Lugones Director Planning And Zoning Board City Of Miami 275 N.W. Second Street Miami, Florida 33130 RE: VILLA TEN, INC. - Appeal EAST SHENANDOAH (.14-55) Dear Mr. Perez: Our application for Variances and Conditional -Use Permit for parking was heard by the Zoning Board as Agenda Items 3 and 4, on April 11, 1983. Please consider this letter as our formal request for review by the City Commission of the decision of the Zoning Board to deny both parts of our application. We had requested a Variance to permit construction of a 9-story office building with a floor/area ratio of 3.8 (2.0 permitted), and providing 51 of 150 required off-street parking spaces. This application was in conjunction with a conditional -use request for off-street parking. We requested a Conditional Use to permit an open parking lot for the parking of 44 passenger vehicles accessory to the proposed office building, at approxi- mately 1261 S.W. 22nd Street. 83-4331 837432 iI Mr. Aurelio Perez-Lugones Director Planning And Zoning Board City Of Miami April 13, 1983 Page Two (2) We would like the record to show that we are requesting approval of the plans that were amended and proffered to the Zoning Board at the April llth hearing. Those plans reflected our change from 47 to 44 spaces in the R-1 zone, as well as the deletion of access and ingress to 21st Terrace to either automobile or pedes- trian traffic. Enclosed you will find our check for $500.00, as payment of your Filing Fee for this Appeal. You will be receiving two copies of the revised plans, for your records. If you have any questions regarding our application or this Appeal, please do not hesitate to contact me. Very truly yours,- r, JUDITH A. TRIEFLER 1 JAT/mm Encl. cc: Willy A. Bermello Martin Fine, Esq. FINE JACoasoN 13Locz KLEIN CoLSN & Snto.., P. A. 83-433 2401 DOUGLAS ROAD • MIAMI. FLORIDA 33134 • TELEPHONE 13051 446-2200 83-432 1 CITY GF M'*MI PLC.?!'a" ; �. •�/n�tr LAW OFFICES FINE JACOBSONBLOCK i�t�t:I��,C�..��,1 fi J�tuON, IRw1N J. eLecK R.O. E30X 140600 MITCNELL a BLOCk4REF.:. 2401 DOUGLAS ROAD BRUCE JAB CCLAN GENE ESSNEF MIAMI. F1,011IDA 331:3•4 MARTIN FINE CERALC T. ElFERNAN MIAMI (305) 446.2200 BVRT . .E^ S AnA B. B. •+E.4R LD LD FT. LAUDERDALE 462-2226 BERNARD JACCPSON THEODCRE KLE'N CABLE ADDRESS' MIAMILAW' HENRY LATIMFR MANUEL LUBEL TELEX 52-2726 REBEKAH J. POSTON STANLEY B. PRICE SEROTA JOSEPH M. STUART L.SIMCN C RIC`+ARO F. SPERRING Q JUCITH A.TRIEFLER k ATI-LEEN M. WEBER ANN WELLS May 16, 1983 LINDA Ms. Miriam Mayer Assistant City Attorney — City of Miami - Alfred I. DuPont Building Suite 1101 169 East Flagler St. Miami, FL 33131 Re: Villa Ten, Inc. - East Shenandoah (14-55) Dear Miriam: We represent Mr. Celestino Diaz, Villa Ten, Inc., who is the owner of the old Parkway Theater site on Coral Way. Ile filed an application for a variance and a con- ditional use in order to build a 60,000 sq. ft. office building on the site. The application was heard before the Zoning Board on March 25, 1983, and denied by that body. The appeal of the decision of the Zoning Board will be heard by the City Commission on Thursday, May 26, 1983. At the hearing, and in private meetings with the neighbors, we made a number of representations regarding our intentions for the development of the property. We agreed, should our application be approved, that.we would record those representations in the form of a Covenant with the City. Enclosed you will find a copy of a draft of the Declaration of Restrictive Covenants which I have prepared to submit at the City Commission meeting. I would appreciate 83-433 837432 bis. Miriam Player Play 16, 1983 Pace Two your taking the time to review this document for form and substance prior to the hearing date. This will give me the opportunity to make any changes that you require and submit a finalized copy to the City Commission. If you have any questions, x)lease do not hesitate to contact me. Looking forward to hearing from you at your earliest convenience. Very truly yours, Judith A. Triefler JAT:lc 50140-001 enclosure Fist: JACOBSON BIA)CH KLEIN COLA\ bc S11,10 , P. A. S�l�A� � 2401 DOUGLAS ROAD . MIAMI, FLORIDA 33134 • TELEPHONE 446-2200 • AREA CODE 30B 833 1 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants Running With the Land, made and entered into this day of , 1983, by and between the undersigned as fee simple owner of the property described herein, hereinafter "OWNER" and for the benefit of THE CITY OF MIAMI, FLORIDA, hereinafter "CITY." W I_T N E S S E T H WHEREAS, the OWNER is the fee simple owner of the real property described as: Lots 8, 9, 10, 17, 18, 19, 20, 21 and 22, Block 68 "EAST SHENANDOAH", according to the Plat thereof as recorded in Plat Book 14 at Page 55 of the Public Records of Dade County, Florida. WHEREAS, the above -styled property is the subject of a hearing before the City Commission of the City of Miami as Hearing No. CC-5-26-83, under the name of Villa Ten, Inc.; and WHEREAS, the OWNER is desirous of giving assurances to the CITY that the property will be developed substantially in accordance with the spirit and intent of the plans submitted to the CITY and made part of this covenant; and WHEREAS, certain promises, undertaking and assurances have been given to the CITY, and it is the desire of the OWNER to confirm such undertakings and assurances, in writing; NOW, THEREFORE, in consideration of the covenants herein contained and for other good and valuable consideration the OWNER agrees as follows: 1. That the property will be developed substantially in accordance with the plans entitled "Coral Wav Office Building" prepared by Boerema Ber;nello Kurki and Vera, Inc., dated April, 1983, a complete set of which has been furnished Prepared By: Judith A. Triefler, Esq. Fine Jacobson Block Klein Colan & Simon, P.A. 2401 Douglas Road Miami, Florida 33134 Fi.-.-I: JAConso\ BLOCF 11.LEIN CULA..\ & SIXO%, P. A. �a7 �]„� 2401 DOUGLAS ROAD • MIAMI, FLORIDA 33134 • TELEPHONE 130S1 446-2200 4321 83-432 to the CITY and is incorporated by reference to this restrictive covenant. In the event that changes and modifications to the plan are desired which are determined by the City of Miami not to be in substantial compliance, the same shall be submitted for approval at a Public Hearing in the manner provided by the applicable ordinance of the City of Miami, Florida. 2. A 20 foot landscape buffer will be provided along S.W. 21 Terrace on the -property line of the R-1 zone. This will meet the City of Miami Code Requirements for a residential buffer as outlined for a parking lot as a conditional use in an R-1 zone. 3. The Owner agrees to perpetually maintain all landscaping on the property within the R-1 zone. 4. All access to the building will be along Coral Way. There will be no vehicular or pedestrian access or egress from the parking lot onto S.W. 21 Terrace and into the residential area. 5. Where construction has occurred on said property, pursuant to a permit issued by the CITY and approval of occupancy given by the CITY, the same shall create a conclusive presumption that development has occurred in accordance with the spirit of the plan, and this agreement shall not be construed as clouding the title to any of said property on which development has occurred. 6. The provisions of this covenant shall be effective for a period of 30 years from and after the date of recordation after. which time they shall be extended, automatically, for successive periods of ten (10) years unless released in writing modified or amended by the then OWNERS and the CITY. 7. This instrument may be modified, amended, or released as to any portion of the subject site by a written instrument executed by the then OWNER of the fee simple title -2- FINE JwcoaSo% BLOCS KLEI1 CULe.\ & Sisio. , P. k. B��4 2401 DOUGLAS ROAD • MIAMI. FLORIDA 33134 . TELEPHONE 13051 446-2200 L+1 83-432 to the lands to be affected by such modification, amendment or release, and approved after public hearing by Resolution of the City Commissioner or Zoning Board of City of Miami, Florida, whichever by law has jurisdiction over such subject matter. Should this instrument be so modified, amended or released, the Director of City of Miami Building and Zoning Department shall execute a written instrument in recordable form effectuating and acknowledging such modifications, amendment or release. 8. 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. The prevailing party bringing the action or suit 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. 9. 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. 10. This Agreement shall be and constitute a Covenant Running With the Land as to the property in the specific manner and mode set forth above and shall be binding upon heirs, successors and assigns and tenants of the undersigned and shall inure to the benefit of and be enforceable by City of Miami and its successors. 11. This document shall not become effective unless and until the aforesaid application under hearing number CC-5-26-83 is approved by the City Commission. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Signed, sealed and delivered in the presence of: -3- VILLA TEN, INC. By: Fmr— Jecousox BLocs KIXIN C01-&N & SIMON, P. k. 2401 DOUGLAS ROAD • MIAMI. FLORIDA 33134 • TELEPHONE 1305I 446-2200 83-433 83-432 STATE OF FLORIDA } ss.: COUNTY OF DADE } The foregoing instrument was acknowledged before me this day of , 1983 by and of VILLA TEN, INC., a corporation, on behalf of the corporation. Notary Public (SEAL) State of Florida at Large My Commission Expires: 7597AO42283/3 -4- FINE J:tcoa5o% BLOCH KLEIN COL+N & Simo%, R A. 83-433 24OI DCU*LAS ROAD • MIAMI, FLORIDA 33134 • TELEPHONE 1305) 446-2200 83-43 0 PETITION We, the undersigned, strongly oppose the zoning requests on the following properties: Approximately 1261 S.W. 22nd Street Approximately 1250 S.W. 21st Terrace Lots 17 - 22 inclusive Lots 8, 9 and 10 Block 68 Block 68 East Shenandoah (14-55) East Shenandoah (14-55) Our opposition is based primarily on the following facts: (1) The proposed building is nearly twice the size allowed by the present ordinance (proposed FAR 3.8 - presently permitted FAR 2.0) which would result in a structure completely out of character with existing structures in the area; and (2) The plan provides grossly inadequate parking (approximately 94 spaces instead of the required 150 spaces) which will result in undue congestion in the residential areas surrounding the proposed structure. Therefore, we hereby respectfully petition the Miami City Commission to deny both zoning requests. NAME ADDRESS �. LCf z--)' _76 3 f 1T j r Page 1 of 4 83-4 33 83-43 0 PETITION We, the undersigned, strongly oppose the zoning requests on the following properties: Approximately 1261 S.W. 22nd Street Approximately 1250 S.W. 21st Terrace Lots 17 - 22 inclusive Lots 8, 9 and 10 Block 68 Block 68 East Shenandoah (14-55) East Shenandoah (14-55) Our opposition is based primarily on the following facts: (1) The proposed building is nearly twice the size allowed by the present ordinance (proposed FAR 3.8 - presently permitted FAR 2.0) which would result in a structure completely out of character with existing structures in the area; and (2) The plan provides grossly inadequate parking (approximately 94 spaces instead of the required 150 spaces) which will result in undue congestion in the residential areas surrounding the proposed structure. Therefore, we respectfully request that the Miami City Commission deny both zoning requests. NAME ADDRESS • Y— .ram-.��` (' �,� • ! •'� � [ —' ..—__---._—_.� _--.—"..—_..— � .� ( _— • / — —�"—.'_ fir— " 1' — J-. - —�- Page 2 of A3 433 83-432 16 PETITION We, the undersigned, strongly oppose the zoning requests on the following properties: Approximately 1261 S.W. 22nd Street Lots 17 - 22 inclusive Block 68 East Shenandoah (14-55) Approximately 1250 S.W. 21st Terrace Lots 8, 9 and 10 Block 68 East Shenandoah (14-55) Our opposition is based primarily on the following facts: (1) The proposed building is nearly twice the size allowed by the present ordinance (proposed FAR 3.8 - presently permitted FAR 2.0) which would result in a structure completely out of character with existing structures in the area; and (2) The plan provides grossly inadequate parking (approximately 94 spaces instead of the required 150 spaces) which will result in undue congestion in the residential areas surrounding the proposed structure. Therefore, we hereby respectfully petition the Miami City Commission to deny both zoning requests. NAME ADDRESS -r=- Page 3 of 4 8 3-- 83-432 0 PETITION 0 We, the undersigned, strongly oppose the zoning requests on the following properties: Approximately 1261 S.W. 22nd Street Lots 17 - 22 inclusive Block 68 East Shenandoah (14-55) Approximately 1250 S.W. 21st Terrace Lots 8, 9 and 10 Block 68 East Shenandoah (14-55) Our opposition is based primarily on the following facts: (1) The proposed building is nearly twice the size allowed by the present ordinance (proposed FAR 3.8 - presently permitted FAR 2.0) which would result in a structure completely out of character with existing structures in the area; and (2) The plan provides grossly inadequate parking (approximately 94 spaces instead of the required 150 spaces) which will result in undue congestion in the residential areas surrounding the proposed structure. Therefore, we hereby respectfully petition the Miami City Commission to deny both zoning requests. r� l NAME ADDRESS / 3 a i s le-X/ ,� --- ---- IS0� c'577 C11- Page 4 of 4 ,. 83-43.1 S3-432