HomeMy WebLinkAboutItem #38 - Discussion ItemDA1#XN WHICH VOTE OCCURRED:
l
PART A
)LASTI tFIR5TI ^- (MILL'LE!__--- - (,SIC) (NUN'P LRI
-c-s' Add -� Nc — - --- - -- - - - - -- --- -
1
(STRCET)--- -- _ ---- ---- (CITY) (ZIP (-ODF) (COUNTY)
PART B
Agency is a unit of [check one] : � . ) State of Florida; (,Y) County-, City- or other' Political Sub(li\'i:zion;
Dame of Agency:
Position held in Agency: --
PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION I Required by � I i?,8113, V.S., 1975]
If you have voted in your official capacity upon any measure in \chich you had a personal, private, or professional interest
-which inures to your special private gain or the special private gain of any principal by whom you are retained, please
disclose the nature of your interest below.
1. Description of the matter upon which you voted in your official capacity:
2. Description of the personal, ln'ivate, or profecsional'inte!rest you have in the above matter which inure to you special
private ,gain or the special private ,rain of any principal by whom you are retained:
d �L-l.L•- ,.t>_�.. ; �U �? .t�,}.�. ����•�c L ��..� _ -�`' �ti t_i..l _. � L' _c 2 iC_ tL�C .:L� `. _ -.- -- - -
r
3. Person or principal to whom the spacial gain described above \\'ill inure:
a. Yourself b. (/i) Principal by whom you art, rots:linvil:
S tt.A.t
PART D
FILING ]NSTRUC"1')ONS
Tlll:. wv.nonmulml Illust bo filed v.-ithlll flflt"'il (15) \'. hi( ,, Ili,, 11•'1' ('01'rlict (t;
\\It) tliC l)(' (Iti 1'l'I)i(,llrld)1P fol. 1'l`('l)i'(lltlt'' il!L: 7)l:,lll�t'.<UC tlii' i It:` it';'', \\11'1 ��!:!I: 1'1L'(.7'l) )1,;it' thl' It 1 l?? Ia,Ill.'C1 il: til
ing tllilllllu . �t'dll: LU1'!i1 1:i't'Cl not bt. filed Ilwrt'ly to indicAk.' t1w ah-�ent't• of . \I) it; tUaf�i'i. 1''l•'i'ili', l;;t( {IL"liti(r 1,
ilOt ro(Illil'C• yoll t'r) ;lbrlatil frt.m \o!i11" \':dtl•11:1 tw:'lic1 ui 1!11•. , .-A A1'i.,(" ; \'11011,1- t'tr;l L11 t;'i'I (.:' !;!1',, li"'''l'+:±', t
flirt 11111't i u di'elu,ed 11111-sultllt io 01V 1'l''I;11!Vnlv1ltS (lt' crll' ;l ::b(t\•e.
PART E
S((. ).ATUF�!. GF 3[ !i ..-OY DI•.Cl 6S:(:G - -- -- - t�;.7 E: SIS'•"
V'O11 c: !f? QZ!j P;?OVI510?45 OF SELTION 112.317, FLOMMA STATIJT�--'S, 1975, A F:.'LtJR_ TO
CONSTITUi_S GROUNDS FO.1 Ai,1D f .AY isF PJiY'SHED BY O; O': tr:rJ L O; FOLLOWING:
K'NSION FRWi OFFICE O. EMPLOYM.NT DEM0710N rUDUCT1:.N iN SAW', ;,', ACG'
$5,000.
CC ►URM A CrIl', %0!1/74
J-83-24i
sd
T
RESOLUTION NO.
A RESOLUTIOIT APPROVING THE GRV,E
OF
VARIANCE FROM ORDINANCE 'NO. 6
ARTICLE VII, SECTIONS 3(2)(a)2)
(d) , 3 (4) (a) , and 5, AND ARTIIV,
SECTION 19 (7) (b) & (c) , TO PFk1IT
�► CONSTRUCTION OF AIN APARTMENT PROJECT
(JACAROL BAY CLUB) CONSISTI'dt, OF
SEVEN T01,ER STRUCTURES, 3 FAKING
. STRUCTURES AND AN EXISTING A -STORY
RECREATION BUILDING ON TH _ PORTION
XF LAND INCLUDING LAKE BO TOM LEGALLY
D 'SCRIBED BY METES AND n '"IDS , LOCATED
B WEEN NORTHIJ EST 7T14 S :ET AND GLIDE
AN F LAVE, AND APPROXIMATELY 1100'
WESX OF NORT141.TEST 47th .'AVETIUF , REPLAT
AS P R PLANS ON FILE. 4AMPED MARCH 23,
1982 FOR THE TO['ER SRUCTURE) AND
APRILNJ6, 1982) (FOR THE PARKING
STRUCT ) BY THE P NNING AND ZONING
BOARDS MINISTRATI TI DEPARTMENT, BEING
LOCATED N A SITE ONFD R-4 (1•1FDIUM
DENSITY . LTIPLE Df-1ELLING) .
ik
WHEREAS,the Miami. ZoninVploard at its meeting of April 19,
1982, Item No. 1 following ar()�dvertised hearing, adopted
Resolution No. ZE 50-82, bv,'a 5`to 2 vote APPROVING variance
as hereinafter set forth;nd
WHEREAS, the objectdrs have ta*�en an appeal to the City_
t
Commission from approval of the varice; and
WHIEREAS, the City_' Commission, afAr careful consideration
of this matter finds�'that due to peculia- circumstances affecting
this parcel of land/
practical difficulti('� and unnecessary
hardship would imp it the owner's right to he reasonable use
of the property t thout the variance that has been granted as
hereinafter set forth;
NOW, THE FOP.E,BE IT RESOLVED BY THE COMMIS ION OF THE
CITY OF MIAMY,, FLORIDA:
Sectior/l. The grant of variance as per Ordin ce No. 6871
ARTICLE•. VIA`, Sections 3(2)(a), 3(2)(d), 3 (4) (a) and 5 `, and
_ Art/aex3isting
, Section 19(7)(b) & (c), to permit construction of
a 9apartment project (Jacarol Bay Club) consisting of
sev0-unit typical tower structures, 3 parking structu s
and 4-story recreation building on above site, a
�AOT
per plans on file stamped 10/26/81 by the Planning and Zoning
Boards Administration Department, is hereby approved as follows:
S IDE YAM:
T 36' proposed (81.5' required).
Tower 7: 60' proposed (81.5' required).
'YAM ADJACENT TO PUBLIC OPEN SPACE:
Towers 5: 20 proposed (42.5' required).
PARKING STRUCTURE (PS) EXTENSION INTO A REQUIRED YAM:
P.S. No. 1: West and South extension: 10' proposed (20' required).
P.S. No. 3: Pbrth and South extensions: 12.8' proposed (20' required).
HEIGHT CF PARKING STRUCTURE (PS) :
P.S. No. l: 42.5' proposed (12' allowed).
P.S. No. 2: 82.5' proposed (12' allowed).
P.S. No. 3: 32.5' proposed (12' allowed).
FLOOR AREA RATIO (FAR): F.A.R.:
1.4 4 proposed (1.1 allowed).
Proposed project subject to replatting prior to issuance
of Building Permit. Site zoned R-4 (medico density multi-
ple dwelling).
PASSED AND ADOPTED this day of ,1983.
MAURICE A. FERRE, Mayor
ATTEST:
RALPH G. ONGIE
City Clerk
PREPARED AND APPROVED BY:
Z'
0 ERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
/JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
- 2 -
TO Howard V Gary
City `lalfager
'L /17/
2�ueelio E. Perez-Lugones
"irector
Planning and Zoning Boards
Administ.rvtion Department
CITY C' '11A141• =WMDA
047E
SO9,Cc;
May 11, 198? F,L2.
APPEAL BY OBJECTORS - VARIANCES GRAN;, D
BY THE ZONIING BOARD
APPP,OX I;IATELY 4865 NM 7TH S CREET
COt'1i;'1ISSION AGEt!DA - May 27, 1932
PLANid I i;G AND ZONING AGE';DA
The Miami Zoning 5oard, at its meeting of April 19, 1982, Item =1, following
an advertised hearing, adopted Resolution No. ZB 56-32 by a 5 to 2 vote
APPROVING Variances from Ordinance 6871, as per the attached, on a portion
of land including lake bottom legall.v described by metes and bounds loca-
'ed bet;reen N'.1 7th Street and Glide Angle Lake and approximately 11CO' west
of N;•1 47th Avenue; REPL;T (Complete legal description available at the Plan-
ning and Zoning '.Udrds Adm i n i strati on Department), being approximately 4,065 M-1 7 Street.
Forty-four obJections received it, the mail; thirty-five opponents present at
the meeting. Four responses in favor received in the mail; three proronents
present at the meeting.
A RESOLUTION to provide for these Variances has been prepared by the city
Attorney's Office and submitted for consideration of the City Commission.
AEPL:mc
cc: Law Department
NOTE: Planning Department recommendation: DENIAL.
.1
....r.. ... �. ir._c,.,;•�,.da►:�_:..4ri�n.9.Cri+riKd:1�N61ta'io."'�Ot�f:?M.r4i:.•r.wD:•
_. _...— .... ate. a:•...l�Alu••s..i'sK-m�.h+i�t:.w..? .Mn.. .. ... , .. , ...... ... � .. � . .
LOCATION/LEGAL
0';;„ER/,{PPL I CANT
ZO,"1.", 3:
RE-I'7-:,T
I
ZONING FACT SHEET
Approximately 4865 N.W. 7th Street
Portion of land including lake bottom
legally described by metes and bounds
located between N.W. 7th Street and
Glide Angle Lake and approximately
1100' West of N.U. 47th Avenue
REPLAT
(Complete Legal description available
at the Planning and Zoning Boards
Administration Department).
Central BaW-.nd Trust Company,
as Trustee u;:et• Land Trust No.
80-LT-123-15%;S
c/o Nelson IN. .:%.n•irez
Vice President and Trust Officer
1313 N.W. 36th Street
Miami, Florida 33142 Phone #635-3281
Intercontinental Properties, Inc.
c/o Caroline ',leiss, Agent (Legal Representative)
701 S.W. 27th Avenue
Miami, Florida 33135 Phone :4643-620=:
R-4 (Medium Density ;lultiple).
Variance to permit construction of a 980-unit
apartment project (Jacarol Bay Club) consisting
of seven 140-unit typical tower structures, 3
parking structures and an axisting 4-story
recreation building on above site, as per plans
on file stamped 10/26/81 by the Planning and
Zoning Boards Administration Department, with the
following variances:
SIDE YARD: Toy-2r 5: 36' proposed (81.5' required).
Tot:•?r 7: 60' proposed (31.5' required).
YARD ADJACENT TO PUBLIC OPEN SPACE:
Towers 1,2,3,4 & 5: 20' proposed
(42.5' required).
HORTZONTAL DISTANCE SEPARATIO"1 BETWEEN TOWERS:
Between Towers 1& 2: 80' proposed (81' required).
Between Towers 2 & 3: 80' proposed (91' required).
Between Towers 3 & 4: 80' proposed (98' required).
Between Towers 4 & 5: 80' proposed (108' required),
Between Towers 6 & 7: 75' proposed (85' required).
�. .rR� V..7'ty ... �,. t� .Y .oc+'.WL1_':."i:'A' W :!p.1f Yti V �: �'••S T.a :.ne:^i' •.. wa.•.:'.�.p...:,y.. �•mrti �...�..a.-nrsv:.C+.�r�.x
...- ^.�••�— v:w :�. �'s�.5u.+snlu. a;�•,.y., . y.^., :t. :wr..,.iN :.. CLCa^ -
Pr.RKING STRUCTURE (PS) EXTENSION INTO A
REQUIRED YARD:
P.S. No. 1: hest and South extensions:
10' proposed (20' required).
P.S. No. 3: North and South extensions:
12.8' proposed (20' required).
P.S. No. 3: East extension:
10' proposed (20' required).
HE:GHT OF PAR,:ING STRUCTURE (PS):
P.S. No. 1: 42.5' proposed (12' allo;,ed).
P.S. No. 2: 32.5' proposed (12' allowed).
P.s. No. 3: 32.5' proposed (12' allowed).
FLOOR AREA RATIO (FAR): F.A.R.:
1.75 proposed (1.1 allowed).
Proposed project subject to replatting prior
to issuance of Building Permit.
RECG"�,E'JDATIO�JS
PLANNING DEPT. DE'JIAL. There is no hardship to justify
the requested variances, particularly in light
of the fact that the requests exceed what is
permitted by existing regulations thereby _
not denying a reasonable use of the property.
The floor area ratio request is tantamount to
a change of zoning request which would be a
precident in the subject area. The existing
R-4 zoning district was established approximately
ten years ago, and the surrounding area has
developed in accord with the zoning existing
in the area.
The requested floor area above what is permitted
represents an area of 488,000 square feet or
2.64 tmers of the seven residential towers
proposed. At the proposed 140 dwelling units
per tower, the request represents approximately -
370 dwelling units above what would be permitted
using the design criteria established by the -
applicants. The 370 dwelling units represents
645 parking spaces or approximately 260,000 square
feet of lot area that could be devoted to usable
open space; and which exceeds the number of
ground level parking spaces proposed; or which
would eliminate two of the parking structures
and reduce the third (larger) parking structure
• . I
..r+: �«, a;r+a.. • 7''^•... �?�: tr:.!iritRr.:t4
by a story and a half; or which would reduce
the eight story parking structure to a two
or three story parking structure.
Therefore, not only is there no justifiable ,
hardship, the development lacks usable open
space, amenities does not respect the vrater-
front resources, is out of character with
existing land use and zoning and overburdens
the land area available for development.
Finally, it should be noted, that although
the Airport height regulations allow buildings
to the prcpcsed heights in this area, the
proximity of the subject development to
Miami international Airport asserts an unneeded
pressure upon residents of the development and
the airport community, which could be tempered
considerably with compliance to the existing
zoning requirements.
DACE COU';TY TgrFFIC Entrance driveway to conform to City of Miami
AN;D TPPA: ;SP0RT,A10N standards.
PURL IC ;lCp,:S No dedication is requested.
ZO:;I;;G BOARD This item was deferred from the Zoning Board
meeting of 11/16/81 due to a Short Board,
PLAI;NING DEPT. DENIAL. The Department has had the opportunity
REVISED 3-1-82 To oiscuss the project with the applicant and
modifications to plans have been made pursuant
to this discussion. However, notwithstanding
these improvements to the project, the Floor Area
Ratio is excessive and thereis no hardship to
justify the requested variances.
•ZONING BOARD Granted on April 19, 1982 by a 5-2 vote.
4,1
I
j �.
/ Alnl
4--51ry
6.4 k
vll-1,45"
. ..........
_.!'.', .: !''. f.:a,►.-15;�.-:1: �,� +t'�.`iJt: r.'a� ..;1.� t'A .. •�r:'t'%:� !'r4��iT'�'.a.j:'f, �r:.7e"tt•Si.�:�A!'ti.t }�. tr�i.w-Y��',}N•;srrll Yb; ✓1�'s �^�•
.A.i1wi;;,r.;yA:' - f.:•r.*tec+\''.�- +P.%��.�eA'.++:�.1I ix+ppWl...wta.w�.,...v'�-rrtrvfrRYYs!••:sn.�sS,Mr s1:�rt`�.�••-.�r•..Y..,t;•.. »_w.
Y. i. .
JACK J. W KtK4. ESQ.
LAW OF'F'ICKS
. aC'Ii J. AVLI55, 13. .N.
Kn\ .%1"I'HI r'1 '1't1a f:K ISI'l1.111 Nt: — lu'1'll F'Lt N)K
wit
>I1.\\It. F'I.tIKtlf.� :Clt:1.i
April 18, 1983
:Mr. Aurelio Perez Lugenos
City of Miami Planning Department
275 N.W. 2nd Street
Miami, Florida 33128
AaM, , AM;�M �
1, r,
883 APR 18
P3 •�.3
Re: Jacarol Bay Club
Application for Variance - April 28, 1983
Dear Sir:
Pursuant to the instructions of the attorney
for Application of Variance on behalf of Central Bank
and Trust Company, Jacarol Bay Club and Kean Enterprises,
S.A. and pursuant to instructions of the City Attorney
and advices by you to Attorney Sheridan Weissenborn,
enclosed herewith please find the Affidavit, which is
the requirement for this matter to be heard ten days
hence from the date above written, to conform with
Ordinance 9419.
JJW:P:Encl.
,
Very truly urs,
� c I
CK J. WEISS
DISCLOSURE OF C)WPIER5HIP
1. Legal description and street address of subject real property:
Street Address: 4865 N.W. 7 Street, Miami, Florida
Legal Description: See attachment
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
aving a financial interest, either direct or indirect, in thr, subject
matter of a presentation, request or petition to the City Con -A ssion.
Accordingly, question #2 requires disclosure of all sharzholders of
corporations, beneficiaries of tcus•:s, aid/or any other interested pa «;es,
together with their addresses and proportionate interest.
Kean Enterprises, S.A., a Panamanian corporation. Beneficiary
of Kean Enterprises, S.A. is Mario Fonseca L. as 1000% shareholder.
Kean Enterprises, S.A. a Panamanian corporation is the beneficiary
of the Land Trust held by Central Bank and Trust Company, Trustee, Trust
Number 80-LT-123-1588. The address of Kean Enterprises, S.A. is:
Calle 39, #436, Justo Arosemena, Bella Vista, PANAMA.
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.
Not Applicable.
KERN RPRISES, S.A., a
Panamanian orQoration
FPft�4CE OF ?.' K1 al
CI11 OF !IMIm I is& By
OF BE U7.ITES OWNER
Mario Fo seca, L.
REPUBLIC OF PANAMA
SS:
)
Mario Fonseca L. , being duly sworn, deposes and
says that he is the (Owner) (A:ktramun3SxWxmxQxKew) 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 complete; and (if acting as attorney
for owner) that he has authority to ex- .e D' %;;lubure ut Owtiership
form on behalf of the owner.
` (SEAL)
SWOFN TO AND SUBSCRIBED
before me this 15th
day of April ; 1 83.
MY COMMISSION EXPIRES:
(over)
c,
JPSEPH P. MALONE
Consul
w
t
f
E
RLTU BL I C OF PANA,MA
6WXX ) ss.
J se Del Carmen Espino
says that he is the duly a being duly
the owner of the real PE'otnted Y spurn, deposes and
that he has property dzacrswe--�_ of ri
plete; rear the foregoing answers; question S. A.
and that he has the that the sarne are true above;
ship form on behalf of the owner. authority to execute this Disclosure of d com-
Owne r-
S�KURN
M 'aM SUP -SCRIBED
before me this
day of
9 8
rn COI`'1•'IISSION UXPI RES :
KEA PENT P ISES S.A.
Attest By
Name (SEAL)
Secretary, Jose Del Carmen Espino
It � I 74nR� xg xX
Yo EFEBO DIAZ HERRERA, Notario Mlico
Cuarto del Circuito de Panicna CM. No. 9.40•726
i CERTIFIC0:
Que la(s) firma(s) antcriorles) ha(n) sido reconocida(s)
Como suya(s) por los firmantes por consiguiente dicha(a)
firma(s) son autcntiea(s).
A5'Q► �' d�c ♦ y S.3
a
ti J rC�--•� Testigo 9
Z HERRERA
Notario Pablico Cuarto
("4M/wPc/ab/025 r
CAROLINE WEISS
PRESIDENT
The HOnorable Maurice Ferre, Mayor
Mr. Howard V. Gary, City Manager
City Commissioners, City of Miami
Planning Department, City of Miami
City Hall
Miami, Florida 33131
Sirs:
.+k •.. �II.F• Y; y i- �#',-��✓JW.J \MV...'7'an .. 7'i�1fN�'[WI�Z«!.Y'M�4iGtAYR�
INTERCONTINENTAL PROPERTIES, INC.
AFFILIATE COMPANIES: _
ALLIED PARKING SYSTEMS, INC.
ExPORTS UNLIMITED CORP.
INTERCONTINENTAL ADVERTISING. INC.
INTERCONTINENTAL COMMODITY SERVICES. INC.
INTERCONTINENTAL GROUP. INC.
INTERCONTINENTAL HOTEL MANAGEMENT SERVICES. INC.
INTERCONTINENTAL MIDDLE EAST CORPORATION
INTERCONTINENTAL MIDDLE EAST CONSULTING SERVICES. INC.
INTERCONTINENTAL REAL ESTATE INVESTMENT SERVICE. INC.
February 24, 1983
RE: JACAROL BAY CLUB
I feel that the Jacarol project has been abused and prejudiced in bringing its
hearings to a completion.
I would like to state for the record that I personally, myself, started calling
at 8:05 A.M., the City Manager's Office, the City Clerk's Office, and the
Planning Department, wherein I questioned if the Jacarol Project is going to be
deferred, based on an article I read in The Miami News.
There has been vast expenses, preparation, interested parties and hours that
each one has put in to attend this hearing for today. These people have been
inconvenienced, where they have completely blocked out their day to attend the
City Commission Hearing, not knowing when this project will be called. This
item was placed No. 22 on the agenda, which had been scheduled since December,
1982, to be heard on January 14, 1983 and we were advised the first week of
January, 1983, that we 'll not be heard and we have been set for February 24,
1983. There was no notice that it would be taken off and deferred out of turn
with the sequence of the agenda.
In addition to the above, frequently, the City of Miami Commission has adopted
as a custom, to take up pocket items, pass ordinances, chastise and criticize
several employees and/or members in the community which are not on the agenda,
without the proper courtesy to the people involved that have taken the time and
the effort to be part of the agenda -as specified by the City of Miami, and all
this is to the detrement of ourselves and others. I have sat in meetings each
time and without the proper courtesy to be notified in advance that a matter
will be cancelled, changed or otherwise by the City of Miami.
I demand that a final hearing take place and a conclusion be made for and/or
against the property once and for all. I here now demand that Intercontinental
Properties, as agent, be heard today, together with everyone involved as
originally scheduled and according to the agenda, as reflected as Item No. 22,
i
701 S. W. 27TH AVENUE. Box 1000 • MIAM1. FL 331 35-3092 0 1 OTH FLOOR • (305) 643-6204
PKG. ENTRANCE 2600 S. W. 7TH ST. 0 TELEX: INT'L. JAAC 153570. DOMESTIC. VIA TRT
1YZh16h:NY;s'ki!* ��r,w:.....:.e��..c!�' , . ,..,,t�rc-,,;�...;,n�ikliaa+�,rfw•.•..+.Z^�...�:,_..�x:a.,..:+r..... ... - - . _. ...s-. -r.. ..
•,J,•...-c,..fi•,•6.aR..-.�•.4n�;•tlXrc!r!Kr.
The Honorable Maurice Ferre
Mr. Howard V. Gary
City Commissioners
Planning Department
Page Two
February 24, 1983
which would take place more or less immediately after lunch.
Enclosed is a list of the interested parties that were attending today, together
with a presentation to be given to the City Commission, City Attorney and the
Planning Department.
Intercontinental Properties, Inc., as agent for Keane Enterprises, S.A., d/b/a
Jacarol Bay Club, is authorized to file a Writ of Mandamus, which said Mandamus
will be filed on or before 5:00 P.M. today for this matter to be heard. Please
respond by telephone, 643-6204, in answer to this letter. Failure to answer I
shall then have everyone for the presentation at the City of Miami as originally
scheduled.
Sincerely,
Caroline Weiss, Intercontinental Properties, Inc.
Agent for Jacarol Bay Club
CW/ep
E nc .
> .. .. ... � .. .. .. .... /• , ..._ .'. ..":^.w.-�'7P...:.w.. r,. .a:..�Y.. ,..,..: ..;�+,w:.i;...u.r ate �h'��:J"�i .:��ri.i:. �'.ie�ol�6iaL
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
Highrise Forming, Inc.
DM Industries
A.R.A. Construction Co.
Sasso Tile
Reagan Equipment Co.
Sunshine Kitchens
Poma Aluminum & Steel Fabricators, Inc.
Rodel Fire Protection, Inc.
Roman Caulking and Waterproofing
Miller Aluminum of South Florida
H & F Plumbing
Mr. Bob Spear, Miami Builders Exchange
Mr. Dan DeAguero, McGraw-Hill Publications
Mr. Nelson Ramirez, Central Bank & Trust Co.
Mr. Walter Walkington, Union Workers
Mr. Tom Tremellen, Broward Builders Exchange
Mr. Butch Hart, Allstate Plumbing
Mr. Randy Hudson, Whirlpool
Mr. Ron Walters, H.R.D. Security Co.
Mr. Ernesto Abruna, B & G Electric, Inc.
Mr. Frank Guerra, F.P.I. Electrical Contractors
Mr. Steven Curtis, Rite -Way Kitchens
Mr. Nathan Kelly, Epicore Concrete Slabs
Mr. Jim Ramey, Honeywell Alarm & Security
Mr. Armando Perez, L. Milton Construction
Mr. Edelberto Rodriguez, Delta Contractors
Mr. Carlos Lew, Domino Construction
r"7Ki:�!�6�t70.tn•"y�y!!'rawr.. .. w:�;k� `•^f:..•?}•L�:��7tN L'cA«st:..^rX%at:•..+.•���i_._�•v�a,r�+i...a ... .. .... _ .r .. a... �. �� •� - .. .. ..-. ,. ...
Caroline Weiss, Presenter
Jeff Liebowitz, Esq.
Ray Seidler, Esq.
Kevin Brady, Architect
Alitza Weiss, Secretary
L.
_�.►s o,�.�.�r++.».•..-....... ,. ..... .�. ._ � .,..».. , ..... ... �c..M-.A..�.-..�..�.ry.ha�GrT!'�r!Grti�e!n6lt+R�ta"'fs'tK:'r,wT....rM:�ti'a�' . ly::.,.itli,t.-:.J+7.:h�
12-94d e-t1h)9v- toue/t/
CAROLINE WEISS
PRESIDENT
CITY OF MIAMI
PLAIajItyr, ° 7.0h1;jf;
r.�11R7
'83 FEP:1 G P 5 :14
February 16, 1983
Mr. Aurelio Perez Lugenos
Cityof Miami Planning Department
Re: Jacarol Bay Club
4861 N. W. 7th Street
Miami, Florida
Dear Mr. Perez:
I will like to update you pursuant to the filing
that you already have on hand and this shall be
a part thereof.
The following is: the present owners
Kean Enterprises, S.A.
President and Director
Mario Fonseca
The information is received and filed with Tallahassee
on January 14, 1983, as you will note from the enclosure
reflecting the filing.
My filing in November and December of 1982 is based on
the information received and on hand as per the
enclosures dated November 3, 1982, December 30, 1981
and sworn affidavit dated December 15, 1982, which
resulted in my letter of November 29, 1982.
In the event that you need any additional information,
please advise.
Yours very truly,
INTERCONTINENTAL PROPERTIES
Agent for Kean Enterprises, S.A.
P.S. Affidavit dated 12- 30- ����,• /'�
still remains the same.
701 S. W. 27TH AVENUE. Box 1000 - MIAMI, FL 331 35-3092 • 1 OTH FLOOR • (305) 643-6204
PKG. ENTRANCE 2EOO S. W. 7TH ST. • TELEX: INT'L. JAAC 153570. DOMESTIC, VIA TRT
i
...,. •.'yo'_K.�r!+von.,-...e:.,,e,�...�...•...�••.t•.-...,�-.-.w-:..—.......,...w.. �. �r�,....wt/r' a.o.�..N'..r.... r.. .,.. ,.. _ .. ,.-. �. _. ..
y..
.,.C.u.. .,t,.•.!•Nw.aN►...:•- t�t;�.:r�,r•r.rh::•r.v.
DUE GATE ON OR AFTERA, JUARY 1 AND ON OR BEFORE JUL OF EACH YEAR
00 401' ORITE 4 rMts solci
ALIEN"�.;_st500.,,,naf!g
FLOAIOA 0EPsRTMENT OF STATE � J
ANNUAL REPORT ; DIVISION OF COPPORANONS !_/,�--•i' _ l
P O. Sot 6327 i • , / J
1982 St George F,restor+e T3ltar 3ssee. FL 32-01
1983 Secretary of State
READ NOTICE AND INSTRUCTIONS ON OTHER SIDE BEFORE MAKING ENTRIES
1. `fiTe arC ACCr!SS OI Cors:Crat .:n ?fir_'»I C!'rce: 2. Enter Crange of Address cif Cv;o(it'cn Onnci:al
Othce. P O Box Nurnt4r Alone -s NOT Sulficrer.t.
Street ACCress
Calla
rKEAH ENTERPRISES, S.A. -1OB 39, #436 o
Justo Arosemena
C.ty
L
I! .,CC•e ]d. retS .S •nrcrrtC1 •n any say. enrer the
,n n.!m 2 ^c•Lde I:o Ccce
J I Bella Vista
r State Z:o
Names )f Off•.-s
a^d 7
r.fle
I
St,eat A(1d--ets Lt cacn
Of'.cer and 0.rector
t0, NOT USG Post O"-ce BCt N x cersl
City and State
Mario Fonseca
Pres.
Calla 39, #436
Dir.
Justo Arosemena
Bella Vista
PANAMA
Tose del Carmen Espino
Secy
Calle 39, #436
-Dir.
Justo Arosemena
Bella Vista
PANAMA -
A. Current Agent
.r^• a —
.T. Corporation System
A 751 West Broward Blvd.
lantation, Florida 33324
AeCtsteref3 ,zgen[ inrurmauun
_a SI•eet Address tCo NOT USe P 0. 3or Nurrcerf
C.*. i,re ,-1 . _ -.:e
=
—
- -i — <- - ;�- _r, •,r!!r
=wt :f Panama ._ - t , I
_.a �„•,.. �.,,.. -.^: ?r .C' .'i 7r e.d';•! ..:e .f
. 'fir^+ I
/
�12/ 15 /82
.7,1
-Nonse
- -- ---'—T- .. ---. --- -- ---1
1�1
ry. .err••: .... :i'
-
President and Director
l
-�
= -
Republic
of Panama
_ --
-
- - !r;t,t.-� r F
-•• -- ---- -- — -- -
Mario Fonseca
-,-.,,,-_-•t.:r•ar-:. , .,...,;:r�
,..r...-......;
f ..�.wV..ti4vN'ir`. •J.�.r
R •(/..Tl� .. I: r.E.i,: *'I .Gii}.�'1''e. VIN�. �'{C:1lJitrM1n.
STATEMENT OF CHANGE OF REGISTERED OFFICE
To the Secretary of State of the State of Florida.
Pursuant to the provisions of Sections 607.034 and 607.037, Florida
Statutes, the undersigned corporation, organized under the laws of the
9fi of Republic of Panama , submits the following statement for the
purpose of changing its registered office in the State of Florida.
FIRST: The name of the corporation is
KEAN ENTERPRISES. S.A
SECOND: The address of its present registered office is c/o C T Corpo-
ration System, 100 Biscayne Boulevard, Miami, Florida 33132.
THIRD: The address to which its registered office is to be changed is
c/o C T Corporation System, 8751 West Broward Boulevard, Plantation,
Florida 33324.
FOURTH: The name of its present registered agent is C T CORPORATION SYSTEM.
FIFTH: The name of its successor registered agent is No change
SIXTH: The address of its registered office and the address of the business
office of its registered agent, as changed, will be identical.
SEVENTH: Such change was authorized by resolution duly adopted by its board
of directors.
Dated November 3 , 19 82
KEAN ENTERPRISES, S.A.
( exact �`corporate name)
SIGNATURE BY: 0�•�
(President
Pablo G. dos
DATE Noyembeer 3 _ 19132
Filing fee: $3.00 C T CORPORATICM SYSTEM
- SIGNATURE BY: '
(Registered Agent) _
DATE
ALIEN
J
ANNUAL REPORT
`r •'•�'
1981
G►orae Ffrfjslnna
!i►uplary CI s'ato
READ NOTICE AND INSTI
1. Name and Address of COr0Oratrrn Principal Offtr•►
S15 M 111,nn tr►
FLORIDA (IEPAFITNENT OF STATF,
DIVISION OF CORPORATIONS
F o Boy 11-327
Tailahass•e. I'L 12'01
TIONS ON OTHER SIDE E
i
yr Lnyrt T CN11
�� U:� NOI ry rptF j•. .',rl;. :[•ar 1
JAx q 8 33 'u2Z
:FORE MAX
ING ENTRIES • .�
2 En•er ChanQe`'nJ Ld%1►e1S Of COtDorahorr PrinCroal
omr:e. P U Pot J urp0sr Alone is NOT Sullicjrnt.
Slrtgt Artdit55
r
KEAN ENTERPRISES, S.A. PO. 80r No
Edificio Bank of Boston
Piso 11, Apto Postal 4689
c•I r
L PANAIMA 5 -� $I rl► DITG^'1f`
11 atnv addrets i% incnrrr>rf in .1'Iv wAr. •^t►t Ihr :rn1!!) i�d'p`•.! -
in lle!n 2 Include bo Corfu
).Name! anti $lraet G;i••-s►♦ r)t Fac'1 C-crr +-r. U rnr•nr
Nam•% OI Ot"r.pts Title
a^7 0 ••^_tnts
tablo G. Arosemena
ose rdel Carmen. Espino
res.
Dir.
ecy.''
ir.
yh.nj A,1nf0%!; 4 car "IOV..-n• Anrt n•rorfnr
(Do NOY I lap nn%1 ()If' r npv N 1 r h"'51
Edificio Bank of Boston
Piso 11, Apto Postal 46
Edificio Bank of Boston
Piso 11, Apto Postal 46
Cjty and Stair
PAMIJMA 5
PANAMA 5
Rsglslerod Agent Information
4. Cumnt Agent l S. Now Agent
lair! I NAn a
C.T. Corporation Systems
Ireei AOdt•ss i0n NO Use P Q P.ot NUmr•tl Grippe ArL!p•%t (Cm NOT US! P O Snr Nutnn.rf
100 Biscayne Boulevard
.ily, Slate And Z,p Ccce 1. v :raj• And Z,D Cnnr
�Miami, Florida 33131
e Pgfs.rtnt III the prOn%,nns n! Soclfnns 947. Fln141ja Statul► Ih► rtno•r.fnneet Cntry i'mnn ^rQar.>t►d unrl•f 1hr IA.i of Panama %uhmft% th.%
A1a1!>renl for the prose Of Ch AnQ,nO 11-4t•-1,91►r►d ntlffe of regi1(rrn'1 AQwn• nr nnh ,n t%p %fain of Finnga '— I
SuCh Ct+ange III; AuthQfitnd by t►%nhillnn nIJIr ad 1•y br h atA of 1j•rClrjrr. •n
12/30/81
SIGNATURE 1 �, BATE
(A► yt►••7 AQenl Acce J,nq ApDOfMm!nll
ruff s� mca e
i. $!! c•4na/uf• ret(nclinnt under •rsl•uC1,0^S nn r►vrse t„ 1r n( rafl (Orel
I Certify That t Arn An 014,c►r nt the Corpnrgnnn•Ig t —
111. Oslo
12/30/81 `^
(p!d Napr a of 5,gnrnq U,cer T.nt reS ldent tit -phone Numher
Pablo Arosemena Attorney at law
STATE OF ._ Republic of Panama , — COUNTY oc
BEFOPE WE. this day Dar%nnal►v eeoesrM pABL_ AROSEMENa ,n he•^q Auly %yf ern d►pn%►� an•f ♦ Ih►!1 mt ! p Mr'a•rrrn •n the In•f.q tlnQ
Annual Flown ere tr true and coact ..� 46 P /
SWORN TO AND SUBSCRIBED tMtofe me 10%1% —3 0 de-diciembr $'��ai y of
My LOrhrh1111on etolfM
a f, ;••l. ANdnL 6AR-PERcIRA, -----
G
• �� • ?� .• • r•o17 ',O CU/1RT0
.. .. .... _. _ _ � ... .r... � _. ir•..�t+:•-..d.•e.._-..brti.�uJCri'!"pK:;.Yt!M6bt.U'c�.•'tt•'!:c?.Mhsi. .. tie:�yi�. ;�: �
-+f79rT^•J'.•.!� L�rJl�.i:i•K{.%w-ti.a�at.,: t.._
ALIEN CORPORATION ANNUAL REPORT
Mail this Completed Report and check for $15.00 payable to Secretary of State to:
Division of Corporations
Post Office Box 6327
Tallahassee, Florida 32301
DO NOT SEND CASH
Section 5. Section 94.3.468. Florida Statutes, i! created to read:
943.46S Alien corporations.—
Ilr Each alien corporation desiring to acquire of record any real property shall have, prior to acquisition. and shall
cont:^t:oush• maintain in ;his state durLrg any year thereafter in which such real property is owned b}• the al en corporation:
tat A registered office. and
tbt A registered agent whick agent may be either:
1. An lndivrdual resident in this sta;e whose business rffice is identical with •uch registered office, or
2. Another corpora:ion au,horLz,d :o transact business :n this state hai.ing a buttress office ident:cal with such reK:-tc-red
office.
r2• Each reeis:rred agent appeirsed pur%uan, to this rec .car.. on wham process may be served. shall rile a statement in A r.t:nit
with t`•e Department of State accepting the- appointment a- registered agent simultaneously with being des: Srnated.
. 131 Each alier corporation shall fie with the Depar:mer.-. of Scate no earlier than January I and no later than Jul} t of each
year. a sworn report on such forms as the Department of State shall prescribe setting forth:
tat The name of the alien corporat;on
rbl The street address of the prirctpa! office of the alien corporation.
rct The name and street address :;f each officer and eaci: director of the alien corpoiatron.
1d: The name and sure: acc:ees of the regi-tered aged and registered office of the alien corporattar.
te, Signature of the Corp':••a:e pres.dent, vice president, =Fcretary. assistant :ecretar_v. or treasure- attest:ng to tht. accuracy
of the repo-: as of :he dzpreced:rg filing of this report.
Ii' The Department of State shaU coLec: a fling fe? of S:, for each such report filed and a fee of 520 p!u< the past yea-•s fee for
a late :1rt
1.51 The Department of State snau: •ecc,rd ;he status of an.. alien-orpt,.ation that fails to corr.ply A itn the r-gt;trrmer: s o` :h:�
securin
i6 Each alier corer,-;t:c,n fz.a to Ne a report as required by s_bsectinr. 13, or faits to maintain a reR.•t&red :.!f'ce anti a
reg.s•t•re•c scent a! requ. e: b} soh--tt:or, r! shall' not be entitled to ow-n. purchase. or sell any real property. anal :6--F not he
ent:;iEd to sut or defend in the cots:- of the state. untJ such requt:ements have been corr.plied with.
171 Tht of a report b- a ccrporatton as reqused by subsection 131 shall be solely for the purpoe.�s of thsr act. and.
rotur,netanding ss 481';I. b07 3"A 607, ?;4, or an, other rele%ant section of the Florida Statu:&f.aF.ai not be L:-td iie a
decerMir.3ii0n of +hether the ccrpnra::on :S act_aU%- doing cus:ness to this state.
Sec::on 6. If an. ;)rvt tior, cf act or the 2ppGc36or. thereof to an} person or circumstance is held in%abd, the !-%_nett.
'hall n-c affect oche- Pr-. :a.. ^f or a;p!,czt•ars of the act which can be g,ven effect without the invalid prot-s.on or ap p licv;on.
and to this end the pro%:srono of this act are declared severable.
This act shall tare effect upon becoming a law, except chat section 943.468. Florida Statutes, shall take effect
September I. l9Al.
App•r,teo+ by the Go%ernor June Yi. 19rl. �: a
07rRt7 &Tt4ied
174�d m Office Secretary of State June 25. I981. VV3 IUSH 0133
I.----- � f;) . . - . six
ell; Sip Op 19WLIU
r- Neonuptfnl
(uas) sa clusulnoop elsa ua Ci)azaiede enh (slew.lij (s)zl anp
:00111LIUZO 'C?L-Cr •o►J e;r. _o u03 'Tueued ap opnoila
-in o's Cn1 r%-%- -in.1 01lP-0-i 'wt'J-. u%4-4w -rwifi r)q-4i'j 'o%
EN
November 29, 1982
Mr. Ralph G. Ongie
City Clerk, City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: Variance - Jacarol Bay Club, 4865 N.W. 7 Street
Re: Rescheduling on Agenda of City Commission
Dear Mr. Ongie:
This letter should be attached to and forms an
Amendment to the Variance Application previously filed in
the captioned matter.
The additional information, pursuant to the attached
letter, which amends said Application for Variance is herewith
supplied to conform with Resolution 82-445 and Ordinance 9419
requiring disclosure in the subject matter of the presentation,
to wit, this Application for Variance, as follows:
The real party in interest having a financial interest
in this Application is:
KEEN ENTERPRISES, S.A., a Panamanian corporation, whose
president and director is:
Pablo Gaspar Arosemena
Calla 39, Bella Vista No. 4-36
PANAMA
Please place this Application for Variance on the next
Agenda of the City Commission.
Very truly yours,
INTERCONTINEWAL PROPERTIES, INC.
Caroline Weise, President
WWQW a Lsased by INT!ACOwnNENTAL PAOPUMEs INC- Box No. 1000 701 S.W. 7M A~L* U%rrg. F% r%,U =35
+gal 0"100 IOM Fbwr Parking Enoranco 2600 S.W. 71n Street Phorw- 643-a
A F F I D A V I T
STATE OF FLORIDA:
COUNTY OF DADE : SS.
BEFORE ME, the undersigned authority, personally
appeared CAROLINE WEISS, who being by me first duly sworn, deposes
and says as follows:
1. That she is the president of Intercontinental
Properties, Inc.
2. That she has a Management Agreement with Kean
Enterprises, S.A., a Panamanian corporation, for the development
of the property located at 2861 N.W. 7 Street, Miami, Florida,
known as the Jacarol Project.
3. That she has personal knowledge as to all persons
having a financial interest in the Jacarol Project.
4. That no City Employee, City Board Member or
elected City official has any financial interest in the project
whatsoever.
Further affiant saith not.
CAROLINE WEISS, AFFIANT
SWORN TO AND SUBSCRIBED before me this 13 day of December, 1982.
Notary Public, State of Florida
My commission expires: / _-/4, J'6
f
CPI' CUI2P t?,vrION Sl'.STI;NI r r c trtttE►>Gt.�rur.s s1�rr+
Associated with The Corporation Trust Company ACCOUNTS RECEIVABLE DEPARTMEN'
ACCOUNTS RECEIVABLE DEPARTMENT P.O. BOX 1544, GRAND CENTRAL STA.
P.O. BOX 1544, GRAND CENTRAL STATION NEW YORK, N.Y.10163
NEW YORK, N.Y. 10163 • (2121246-5070 IFADDRESSISINCORRECT. CNECXBOX *Ni
ENTER CORRECT AODRESS ON REVERSE SII
KEAN ENTERPRISES S A
[P—ABLO G AROSEMENA
EU M CIO BANK OF BOSTON
PISO 11 APIO PUSTAL 4689
PANAMA 5
INVOICE DATE
ANNUA( SE AVICE THROUGR
ACCOUNT NUMBER
Of fICC
INVOICE NUMBER
O U01/83
JANUARY 1984
800213276-2
02
8028-01
JURISDICTION
STATE TAX
REPORTS
VATFI EOCAE
TAXES
CHARGE
FLORIDA
S
34.00
SEE REVERSE SIDE FOR
EXPLANATION OF SERVICES
1
AMOUNT DUE ---►
34.001
KEAN ENTERPRISES S A
DATE 01/01/83
OFFICE D%
ACCOUNI NUVRER
I INVOCE NUNRIfR
800213216-2
8028-0i
INPUT CODE
SIT) NO
C.1411111 TYPS
40
8
RE F E RE NC.E NO
R.SIND
00 NO ARI If IN EMS SPACE
PLEA,T£ENJER
AMOUNT
ENCLOSED -D
AMOUNT DUE -^-i1 a4 _ rV
. — .ot
u'-Y�fA..:.1:\-S YTS .ti,.YF ..Lt.AJ1�LW1�`Y.K .. ... .. .. ..... -. ... � u. � .. .A. >• f i♦ ..It. •.....[w.�S.yR.l_....{11�..yf+caF-i.�a.��IR9.vO.FwS •.V.�.�11rrM..i.N:fi!aw'f
-, Howard V. Gary February 10, 1983 <<,_E
City Manager
Jacarol Bay Club
"Serg,io Rodriguez,' Director February 24, 1983
Planning Department City Commission Agenda
In response to the City Commission's request, the
architect for the subject project has submitted
revised site plan and ground floor plan along with
a zoning data sheet which adjusts the original plans
to a floor area ratio of 1.44. Therefore the plans
conform to the variance request to be heard by the
City Commission.
SR/ROW/vb
. .!': �a,...rv:..�C..I:'.�=.c'n.ew.�r't1.. �:.. w...c�.'I•ak�:'r.v�.a!n':�M w•aar: _^•�..,,,�..,.,........�..0!.-�-4...-r+.r....�..e...:wn�...�„....eiicu.: wiYi .,aw/M�G:Wr.:air.. -.r..
Mr. Roberto S. Vich A. I. A.
701 S. W. 27th Avenue
Suite 1050
Miami, Florida 33135
Dear Mr. Vich:
February 9, 1983
Certified Mail
Re: Appeal of Variances Granted
Jacarol Bay Club
Approximately 4865 NW 7th Street
As per our telephone conversation of February 8, 1983, the following
has been established:
1. Central Bank is working on an update of the Disclosure of
Interest form.
2. As soon as that is available, it will be transmitted to this
Department.
3. The last day for the Disclosure form to reach this Department
will be February 16, 1983.
If the Disclosure does not reach us by that date, this item will
not be on the agenda of the City Commission meeting of February 24,
1983.
If you have any questions, please don't hesitate to call me at
579-6082.
Ci
ely,
- 9
Director
Planning and Zoning Boards
Administration Department
AEPL:bpm
cc: Howard V. Gary, City Manager
Jim Reid, Assistant City Mgr.
Walter Pierce, Assistant City Mgr.
Sergio Rodriguez, Director of Planning Dept.
Jose R. Garcia -Pedrosa, City Attorney
Caroline Weiss, Pres., Intercontinental Properties, Inc.
Nelson N. Ramirez, Vice Pres., Central Bank
- .., .. ... .. . -. �' .. - � .. :..'-..�,. ••A.. •,�.+cr .. v.^. .. ✓,:.; cfi..M�wlt:.i:.trv:.r`-•rLe •..•.av—Tf'!�•i �.:.iw.�r
Aurelio Perez-Lugones, Director December 6, 1982
Planning and Zoning Administration
Boards Disclaimer of Jacarol Interests -
Variance - Jacarol Bay Club
4865 N. W. 7 Street
Miami, FL
Jose R. Garcia -Pedrosa
City Attorney
Ix #-F,
This office has reviewed the disclosure form and cover letter
submitted in conjunction with the above -subject zoning ap-
plication.
It appears that the Citv's disclosure requirement has been
satisfied and there is no impediment to having the matter
rescheduled before the City Commission.
JGP:TVP:ia
...t,r3.�W�x!wKctr+n6leo�lr.F +w�+. ., a�:i•.Kk, ,i..,;}�.r_,;i,.�_Y.i%ix•+++�..M i�u.•,.a ,ti--i.._... v��a,..r-,•...., ... ..-... - .. .. -r- .. .-. . .. .. ..
November 29, 1982
Mr. Ralph G. Ongie
City Clerk, City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: Variance - Jacarol Bay Club, 4865 N.W� 7 Street
Re: Rescheduling on Agenda of City Commission -
Dear Mr. Ongie:
This letter should be attached to and forms an
Amendment to the Variance Application previously filed in
the captioned matter.
The additional information, pursuant to the attached
letter, which amends said Application for Variance is herewith
supplied to conform with Resolution 82-445 and Ordinance 9419
requiring disclosure in the subject matter of the presentation,
to wit, this Application for Variance, as follows:
The real party in interest having a financial interest
in this Application is:
KEAN ENTERPRISES, S.A., a Panamanian corporation, whose
president and director is:
Pablo Gaspar Arosemena
Calle 39, Bella Vista No, 4-36
PANAMA
Please place this Application for Variance on the next
Agenda of the City Commission.
Very truly yours,
INTERCONTINENTAL PROPERTIES, INC„
B
Caroline Weiss, President
Managed and Leased by INTERCONTINENTAL. PROPERTIES INC. Box No. 1000 701 S.W. 27th Avenue Miami, Florida 33135
Rental Office 10th Floor, Parking Entrance 2600 S.W. 7th Street Phone: 643-6204
I f the nrcner~:i is 3 I ist tho Of f 4 c,?r3,
directcr; an i -)rinci) iI st .;1o1_i'rs anti thi2 percentage of stc^::
owned by each.
Percentage of Stock
�2Fc?o�2-
--- - - - - - - - - - - - a - - - - - - - - - - - - - - - -
If the prcperty is in the name of a TRUSTEE list the ber.ef?ci-
aries of the trust with percentage of interest.
Name Percentage of Stock
7-AW57- 5�CnLAOVY-(-WSrf�
If there is a CONTRACT FOR PURCHASE state foc whu5e h.�'I-ii LI i:,1,2
application is being mad:a.
V-
If the PURCIIASER is a TRUSTEE or a CMUORATION, the same
tion must be furnished as indicated above for the applicant
C"MPOZIITIO.I or TRUSTEE.
Ye a,..A•u .i ty .. .....cS'•7�k:'i.N"!q..^t.1lWv.vi'n.Y.?,..t.r...x.•..:rye.,-.y.�-....�:...�..�.:....w��a�•►.ewru-.wY�'..1,e..�.YO:w�: or.. .�.. ... .. �.. �... .�. � -.�.
IV I CENTRAL BANK AND TRUST COMPANY
November 23, 1982
NELSON N RAMIREZ
ANZ: '�u5` rr-CEO
Mrs. Caroline Weiss
701 S. W. 27th. Ave.
Miami, Fl 33135
Re: Land Trust No. 80-LT-123-1588
Dear Caroline:
Pursuant to proper authority received from the beneficiary, please
be advised that you are authorized to disclose to the City of
Miami the name of the beneficial owner of this land trust i.e.,
Kean Enterprises, S. A., 100% beneficial owner of the Jacarol Bay
Club property. This information shall be used for the purposes of
obtaining a variance of said property.
With kind regards, I am,
Yours ve ruly,
�.JIW� .rvi•
elson irez
Vice esi ent & rus Officer
NNR:sl
..r. �. ........- - - --
-..r.. 1-r...Aw. µ.r w..4r.Prlwwim
.. �- . w+v .?... .... �.� �rMww-�.--. �•�
y ._ . .. �_ _._ ..WMwk'.ivr•W.rs'..c w[',aJ-Ra.^sM_�
ter'
v '
�• Agent's
f File No
�Ar .•�••'•4•+.•/.R•U.7t' `•.��.t`%!tsf'A - ffYv4t :7.t'-•y—
FA-E- 38688
No. 1
ISSUED BY
First American Title Insurance Company
Attached to and forming a part of
3591-1 Commitment No. FA•C- 45590
Policy No. FA-0-
Policy No. FA -M-
r
There is hereby added to Schedule B-II, as Item 15, the following:
This commitment, and the policy when issued, insures that the
insured herein has the right to tie-in to that certain six inch -
sanitary sewer force main as shown on the survey as prepared by
Denes & Denes, certified November 19, 1976, and known as Drawing
No. 901, pursuant to grant of easement dated July 27, 1977, and
filed August 10, 1977, in Book 9766, Page 1181, of the Official
Records of Dade County, Florida.
This commitment, and the policy when issued, further insures that
pursuant to the Addendum to the aforementioned grant of easement
that the insured herein has a valid and enforceable easement over,
through and upon the condominium property and the common elements
of the condominium described in Schedule II attached to said
Addendum for the purpose of constructing, installing, repairing and
maintaining a sewer line tapping into the sewerage force main•ocv-ned
by the City of Miami located at Northwest 47th Avenue, Miami, Florida.
The insuror agrees to continue to defend that certain action pending
in the general jurisdiction division of the Circuit Court of the
Eleventh Judicial Circuit in and for Dade County, Florida, wherein
Sunset Villas Condominium Association Phase III -A, Inc. is Plaintiff
and Sunset -Toledo Land Company of Miami, Inc. is Defendant, as such
action pertains to the easements set forth in paragraph 6(b) (c) of
the Amended Complaint filed therein. In the event that defense is
unsuccessful and said easements are eliminated by judicial determina-
tion, damages which the insuror shall be liable for shall not exceed
(CONTINUED)
Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise
expressly stated.
This Endorsement shall not be valid or binding unless countersigned by either a duly authorized agent or representative
of the Company, and when so countersigned it is made a part of said F-)hey, and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate seal to be hereunto affixed
and these presents to be signed in facsimile under authority of its lay-t.a%s.
Dated this 17th day of December , 19 79 • First American Title Insurance Company
BUCK ND ATITM, P _ A _ Ry,: President
(Insert above line name of Agent)
Attest: L�;P� Secretary
By: —
Authorized Signatory + ,1,.•'/
I John R. Tatum
r,
J
First American Title Insurance Company
CONTINUATION OF ENDORSEMENT NO. FA-E-38688
SCHEDULE _B^II, Item 15 (Continued)
Agent's Endorsement No. 1 to
File No.: 3591-1 Commitment No.: FA•G45590
Policy No.: FA•
the cost of constructing and installing a six inch sewer line from
the termination point in the property described herein of the
existing six inch sewer line which is the subject matter of said
action, to an existing eight inch sewer line presently located in _
North...est 7th Street, Miami, Florida, and abutting the property
described herein, together with the cost of any lift station that
may be required to tie-in to said eight inch line by the governmental
authorities having jurisdiction thereof.
C
3 -.
... ,... -. - -.. � -. .....r..� �—r- ..I.•.:�:.'1i'�+i•.iR•w�...4r,•::/.ZQ'C~!Ki•.�'�16h'.�.7."��f r•%Y�ti.. _:..h:iy-pw : s:..,.7�.t+,.1+•;•,Y.L�Ch%r�::.�1riY%9.;•:a�1'•mf...��
Franc. •260 (9.76) Coriirtrinticnt No. Ft. c_ 45590
ST ANrt:Rt
4 4• C �ti
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insu;•ance Company
r'.
FIRST AMERICAN TITLE INSURANCE COMPANY, a corporation of California, herein
called the Company, for a valuable consideration, hereby commits to issue its policy or policies
of title insurance as identified in Schedule A, in favor of the proposed insured named in Schedule
A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred
to in Schedule A, upon payment of the prerniums and charges therefor; all subject to the provisions
of Schedules A and B and to the Conditions and Stipulations hereof. I
This Commitment shall be effective only when the identity of the proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A hereof by the
Company, either at the time of the issuance of this Commitment or by subsequent endorsi nient.
This Commitment is preliminary to the issuance of such policy or policies of title insurance
and all liability and obligations hereunder shall cease and terminate six (6) months after the
Effective Date hereof or when the policy or policies committed for shall issue, whichever first
occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
This Commitment shall not be valid or binding until Schedule A has been countersigned by
either a duly authorized agent or representative of the Company and Schedule B-1 and B-11 have
been attached hereto.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed,
to become valid when countersigned by an authorized officer or agent of the Company, all in accord-
ance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as
"Effective Date".
' First American Title Insurance Company
President
By:
lit
7
Attest: Sccrerary
i�
A.L.T.A. CO`IMITMENT — 1966
•yr hy^i-�^'r9': �64t Y14.:� .'*•w: •.e-�..+.....n•rs..��.,�r.•�w.:..—..a.�w:.W.i: q«r.{wra.: w.Nt mt.WN'�.u..e xis. .. . ... .. .... .... .� . .—.
First Ainerican Title Insurance Company
SCHEDULE A
Agent's
File No.: 3591-1
Date Issued: October 9, 1979 M.
Date Effective: October 2, 1979, at •3--39—p,M•
2. Policy or Policies to be issued:
(a) A. L. T. A. Owner's Policy Form — 1970
Proposed Insured: JACAROL CLUB, INC.
(b) A. L. T. A. Loan Policy - 1970
Proposed Insured:
Commitment No. FA•C-45590
Amount of Policy: S 1, 650 , 000.00
S
3. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or interest
designated as follows:
Fee Simple
4. Title to the estate or interest in the land described or referred to in this Commitment and covered herein (and designated
as indicated in No. 3 above) is, at the effective date hereof, vested in: _
SUNSET-TOLEDO LAND COMPANY OF MIAMI, INC.
5. The land referred to in this Commitment is in the Gi ty Of i"iIA141 ,
State of FLORIDA County of DADS _
and described as follows:
All of the property described on Exhibit "A"
attached hereto and made a part hereof, less and
except that property described on Exhibits "A-l"
and "A-2" attached hereto and made a part hereof.
BUCK AND TATUM, P. A.
(insert above line name of Agent)
By:
1 v Authorized Signatory
John R. Tatum
.. �1..•.. ,. ': �:i#,� '^./\r. `:\"�'� 9.- • .. �ti...,.�:..':N-i��.`i.C!•h'.t�V..7�ti`.1:��r,ryii Ft`a•1'iiL.�':"7.Ui.t!q:•?Hl+MiVY-�'n.!..q :'•C-'i •. iI�L:^:.'.tp�
First Arner•ican Title Insurance Company
SCHEDULE B-1
(Requiretimits) '•
Agent's 3591-1 45590
He No.: Commitment No. FA•C-
'lire following are the requirements to be complied with:
I- Payment to, or for the account of, the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
2. Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable,
3. Satisfactory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed; that
contractor, subcontractor, labor and materialmen are all paid in full.
4. Instruments in insurable form which must be properly executed, delivered and duly filed for record:
(a) Special Warranty Deed from SUNSET-TOLEDO LAND COMPANY OF MIAMI-,
INC., to JACAROL CLUB, INC., conveying the property fully described
under Schedule "A", Item 5 hereof.
(b) Satisfaction or Release of Mortgage given by TOLEDO VILLAS, INC.
to GORDON A. TAYLOR, CHURCHILL G. CAREY, EUGENE L. AMBER, J. C. TYLER,
JOHN D. UIBLE and JOHN H. ROGERS, not individually, but as Trustees of
Guardian Mortgage Investors, dated December 20, 1972, and filed
December 22, 1972, in Book 8048, Page 1, of the Official Records of
Dade County, Florida, which mortgage is in the amount of $1,700,000.00,
as modified by Future Advance Notice in the amount of $415,000.00, dates
May 21, 1975, and recorded May 21, 1975, in Book 8996, Page 1429, of
the Official Records of Dade County, Florida, and as further modified
by Future Advance Notice in the amount of $500,000.00, dated -March 6,
1974, and recorded March 21, 1974, in Book 8628, Page 538, of the
Official Records of Dade County, Florida. Said mortgage has been
assigned to SUNSET EURO PROPERTIES, INC., a Florida corporation, by
assignment filed August 10, 1977, in Book 9766, Page 1175, of the
Official Records of Dade County, Florida.
'tX�j ib Ki1.'.'r1 .Y � .., t...,,,,,•,ixy,rwr.-. ... ... .. ... .-- , ..r r .. � .. ..
First Afnerican Title Insurance Company
SCHEDULE B-11
(Exceptions)
r•
Agent's
File No.: 3591-1 Commitment No. FA-c 45590
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are dis-
posed of to the satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of rec-
ord the estate or interest or mortgage thereon covered by this Commitment.
2. Any owner's policy issued pursuant hereto will contain under Schedule B the General Exceptions set forth at the in-
side cover hereof. Any loan policy will contain under Schedule B General Exceptions 1, 2, 3, and 5 unless a satisfac-
tory survey and inspection of the premises is made and will contain General Exceptions 4 and 6.
3. In the event this Commitment is issued with respect to a construction loan to be disbursed in future periodic install-
ments, then the policy shall contain an additional exception which shall read as follows:
"Pending disbursement of the full proceeds of the loan secured by the mortgage insured, this policy only insures
the amount actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of
any intervening lien or interest to or for the account of the mortgagor up to the amount of the policy. Such dis.
bursement shall not extend the date of the policy or change any part thereof unless such change is specifically
made by written endorsement duly issued on behalf of the Company. Upon request by the insured (and payment
of the proper charges therefor,) the Company will search the public records subsequent to the date of the policy
and furnish to the insured a continuation report sho%king such matters affecting title to the land as they have
appeared in the public records subsequent to the date of the policy or the date of the last proceeding continuation
report, and if such continuation report shows intervening lien, or liens, or interest to or for the account of the
mortgagor, then in such event this policy does not increase in liability unless such matters as actually shown on
such continuation report are removed from the public records by the insured."
4. Taxes for the year 1979 and subsequent years.
5. Easement from TOLEDO VILLAS, INC. to SOUTHERN BELL TEL. & TEL. -
CO., for Right -of -Way, which easement was recorded on August 19, 1974,
in O.R. Book 8758, Page 686, of the Public Records of Dade County,
Florida.
6. Easement from TOLEDO VILLAS, INC. to FLORIDA POI%T R & LIGHT COMPANY,
which easement was recorded on January 14, 1974, in O.R. Book 8562,
Page 1050, of the Public Records of Dade County, Florida.
7, Any matters shown on survey prepared by Denes & Denes Assoc., Inc.
certified November 19, 1976, and known as Drawing No. 901.
8. Easement and reservations contained in Deed from Maule Industries,
Inc. to Hovjard R. Hirsch, Trustee, filed December 29, 1967, under
Clerk's File No. 67R-203492.
9. This Commitment and the Policy, when issued, insures against loss
or damage occasioned by the following:
A. Easement dated June 10, 1954, filed June 10, 1954,
in Deed Book 3932, Page 111, of the Public Records of
Dade County, Florida.
B. Easement contained in instrument dated April 11,
1945, filed April 21, 1945, in Deed Book 2500, Page
385, of the Public Records of Dade County, Florida.
(CONTINUED)
... .. .. �... .. ��. .. .. .. .f•.> •.....I....'t..rY....A.1K.r-.•.4i'7.�:r.[a'i`:"7K!�Y'�bBt.Ati�.'KWi►[R �hr,w h. .: ti�:��p* � I.i..��7},t-�•;�",•p�Y.'FYA?��Ml%c.:•.a 4t�•,�-....:,.:+'.��`�.
First Ainerican Title Insurance Company
SCHEDULE B-II, Exg_f t ons,__(Combitied)
Agent's
File No.: 3591-1 Commitment No.: FAG 45590
Policy No.: FA-
9. C. Restrictions contained in the following Deeds:
(1) Deed filed April 12, 1937, in Book 1793,
Page 43, of the Public Records of Dade County, Florida.
(2) Deed filed March 25, 1937, in Book 1787,
Page 253, of the Public Records of Dade County, Florida.
(3) Deed filed June 19, 1937, in Book 1814,
Page 197, of the Public Records of Dade County, Florida.
10. Riparian rights are neither guaranteed nor insured as to any
portion of the lands described herein abutting the Tamiami Canal.
NOTE: This exception shall not be construed to affect the
guarant- of the policy when issued to the fee simple
marketable title of the lands described herein to which
riparian rights are incident.
11. Easements for the installation of sewerage line facilities
contained in instrument filed September 9, 1970, under Clerk's File
No. 70R-160353. (Said easements are shown on the survey prepared by
Denes & Denes, certified November 19, 1976, and known as Drawing
No. 901, abutting Northwest 7th Street on the South property line of
the property described herein.)._
12. The rights of Sunset Villas Condominium of Miami, Inc., a Florida
corporation, as granted in that certain unrecorded license agreement
dated August 9, 1977, between SUNSET-TOLEDO LAND COMPANY OF MIAMI,
INC., a Florida corporation, and Sunset Villas Condominium of Miami,
Inc., a Florida corporation.
13. Drainage easements in favor of Sunset Villas Phase III Condominium
Association, Inc., dated July 27, 1977, and filed August 10, 1977, in
Book 9766, Page 1195, of the Official Records of Dade County, Florida.
14. Easement for ingress, egress, boating, bathing, fishing and other
reasonable recreational purposes in favor of Sunset Villas Phase III
Condominium Association, Inc. pursuant to grant of easement dated
July 27, 1977, and filed August 10, 1977, in Book 9766, Page 1199, of
the Public Records of Dade County, Florida.
_.,r,,.....r.u_.`H..r�.:. r.=A7�aY1!:7i.V.'.!9".•..Rrwvrr�'.^.e.•..t:v.....c.•.:�+Y.....��.-..-...._....:+..W..:..:.•►.1ywr:u..vAi s.c.hN':+u���...... •. -.
iic ;�7G6 rc11n9
LEGAL DESCRIPTION
That part of TRACT No. 2 of "PLAT OF THAT PORTION OF THE SOUTI;E,%ST
1/4 of SECTION 31. TOWNSHIP 53 SOUTH. RANGE 41 EAST, LYI..G SOUTH AND
SOUTHEASr OF TAMIAMI CANAL". according to the Plat thereof. recorded in
Plat Hook 28 at Page 10 of the Public Records of Dade County. Florida;
```ts:
lying and being in the City of Miami. Dade County. Florida. described
Kf
as follows: --o
COMiENCE at a Concrete Monument set in the, ppavement of Northwest 7th
-_•-
Street at the Southeast corner of said Section 31; thence run N.1038'30" E..
along the East line of said Section 31. the same line being the East line
=ti'
of said Tract No. 2 and also the zoned centerline of Northwest 47th AvenLe.
.
for a distance of 285.12 feet. to a point; thence rvi West. 185 feet North
of • measured at right angles - and parallel with the South line of said
Section 31, the same South Section line being the centerline of Northwest
7th Street, along the North line of "TOLEDO VILLAS." according to the Plat
thereof. recorded in Plat Book 96. at Page 48 of the Public Records of
r '
Dada County, Florida, for a distance of 728.16 feet, to the Point of Begin-
n ing of the parcel of land, combined upland and submerged land, hereinafter
to be described; thence run West along the last described course for a
distance of 3BS.83 feet to a point, thence run S.1 33'30"W., parallel with
�.
the East line of said Tract No. 2 for a distance of 245.10 feet to the
presently dedicated or deeded :forth rig�it-of-way line of said Northwest
7th Street; thence run West. 40 feat ;forth of and parallel with the said
centerline of Northwest 7th Street. for a distance of 130.00 feet. to a
point; thence run N.1038'30"E.. for a distance of 145.10 feet, to a point;
thence run West. for a distance of 160.00 feet. to a point. thence -un
N.1038'30"E.. for a distance of 100.00 ,jet. to a point, thence run West,
'
285 feet :forth of - as measured at right angles - and parallel with the
said centerline of Northwest 7th Street. for a distance of 700.30 feet, to
a point: thence run N.1038'30"E., parallel with the East line of said Tract
No. 2. for a distance of 209.85 feet, to the curved South right-of-way
line of TAMIMI CANAL as platted. thence run Nnrtheasterly on said platted
South right-of-way line of TA,"lIA?lI CANAL. alonh the arc of a circular curve,
to the left. concave to the Northwest. having a radius of 1.395.08 feet,
a central angle of 30010'30", through an arc distance of 734.72 feet, to
the Point of Tanggency; thence run :l 41050'55"E., along the platted South-
-.
easterly right-of•way of TANIA.`lI CANAL. for a distance of 305.56 feet, to
the Point of Curie; thence run Nurtheasterly, Easterly and Southeasterly
L `
along a circular curve to the right. concave to the South, on the said
•Lr r.
platted Southerly CANAL right-of-way, having, a radius of 75 00 feet.
central angle of 90000'00", through an arc distance of 117.81 feet. toi-
the Point of Tangency; thence for the next 3 courses r<<n along the platted
'•=
South right-of-way line of said COMFORT CANAL, as follows: run S.48009'
OS"E., for a distance of 224.01 feet. to the Point of Curve. thence run
Southeasterly and Easterly, along a circular curve to the left, concave
;
to the North. having a radius of 166.39 feet, a central angle of 56012'15".
through an arc distance of 163.23 feet, to the Point of Tangency; thence
run N. 75038'30"E.. for a distance of 20.57 feet, to the point of inter-
section with the arc of a circular curve; thence for the next 3 courses
'
run Tong the East recorded line of COVE No. 2 as follows: run South-
westerly and Southerly along the arc of last -said circular curve to the
left, concave to the Cast, having a radius of 250 teet. a central an le
of 30020'41", through an arc distance of 132.40 feet, to the Point of;
Tangency; thence run S.3054 01 W., for a distance of 345.00 feet. to the
=F
Point of Curve; thence run Southwesterly aleng the arc of a circular curve
to the right. concave to the ►lorthwest, having a radius of 35 feet, a cen-
tral angle of 45021'?5.6", through an arc distance of 27.707 feet, to a
•r-�',
point; thence run S.40044'27.4"E., along the extension of the radial of
=•
the last described curve, for a distance of 31.22 feet, to a point, thence
run EAST, EAST, for a distance of 170.58 feet, to a point; thence run South for
a distance of 142.17 feet, to the Point of Beginning.
'
EXHIBIT
.
r'
.�.;wv;..;.< ... �� w�t•a..iM..�,�.f�s:�:cMJ�':^i: w'�'.q_!Nr:svRr-L.nti....
That part of TRACT NO. 2 of "PLAT OF THAT PORTION OF THE SE.
1/4 OF SEC. 31, T. 53 S., R. 41 E, LYING SOUTH AND SOUTHEAST OF
TAMIAMI CANAL", according to the Plat thereof, recorded in
Plat Book 28 at Page 10 of the Public Records of Dade County,
Florida, lying and being in the City of Miami, Dade County,
Florida, described as follows:
, T COMI4ENCE at a concrete monument set in the pavement of
Northwest 7th Street at the Southeast corner of said Section
31; thence run N. 1038130" E., along the East line of said
Section 31, the same line being the East line of said TRACT
NO.2 and also the zoned centerline of Northwest 47th Ave., for
a distance of 1,165.00 feet, to a point on the South right-of-
way line of COMFORT CANAL as platted; thence run S. 75'38'30"
W., along said right-of-way of COMFORT CANAL, for a distance of 176.85 feet, to the POINT OF BEGINNING of the mostly
submerged parcel of land, known also as COVE NO.1, hereinafter
to be described; thence run S. 1038130" W., 170 feet West of
and parallel with -the East line of said Section 31, for a
distance of 659.65 feet, to the Point of Curve; thence run
Southwesterly, Westerly and Northwesterly along the arc of a
circular curve to the right, concave to the North, having a
radius of 96.40 feet, a central angle of 175051130", through
an arc distance of 295.88 feet, to the Point of Tangency;
thence run N. 2130'00" W., for a distance of 375.00 feet, to
the Point of Curve; thence run Northwesterly along the arc of
a circular curve to the left, concave to the ;-Zest, having a
radius of 825 feet, a central angleof 15°24156", through an
arc distance of 221.97 feet, to a point on the said South
right-of-way line of COMFORT CANAL; thence run N. 75°38'30" E.
along said South right-of-way line of COMFORT CANAL, for a
distance of 275.76 feet, to the POINT OF BEGINNING; together
with all improvements (seawalls, driveways, lights and other
structures) and restrictions thereon, containing 3.485, more
or less, mostly submerged acres.
(NOTE: The above description covers the same parcel of
land described in Official Record Book 9047, at Page 986 of
the Public Records of Dade County, Florida.)
EXHIBIT "A-1"
'�. . N::.'jA.(-�.�l n.. �.i: �1�1'�ifi vMll�% �'..I��'In, �..,... �f�.:l.l�%ti'k.y .,. ... ..r .. r .� •• - ... .. ... .
A narrow, irregular strip of property along the East
boundary of COVE NO.2, being a part of TRACT NO.2 of "PLAT OF
THAT PORTION OF THE S.E. 1/4 OF SEC. 31, T. 53 S., R. 41 E.,
LYING SOUTH AND SOUTHEAST OF TAMIAMI CANAL", recorded in Plat
Book 28, at Page 10 of the Public Records of Dade County,
Florida lying and being in the City of Miami, Dade County,
Florida described as follows:
BEGIN at the Northeast corner of said COVE 140.2 as
described in Official Record Book 8047, at Page 987 of the
Public Records of Dade County, Florida; thence for the next 3
courses run along the East boundary of said COVE NO. 2 as
follows: run Southwesterly and Southerly along a circular arc
to the left, concave to the East, having a radius of 250 feet,
a central angle of 301120141", through an arc distance of
132.40 feet, to the Point of Tangency; thence run S. 3054'07"
W. for a distance of 345.00 feet, to the Point of Curve; thence
run Southwesterly along the arc of a circular curve to the
right, concave to the West, having a radius of 35 feet, a
central angle of 45°21125.61', through an arc distance of
27.707 feet, to a point; thence run N. 40°44127.4" W. along
the radius of the aforedescribed curve, for a distance 29.00
feet, to a point in the waters of said COVE NO.2; thence for
the next 6 courses run in the waters of said COVE NO.2 as
follows: run Northwesterly and Northerly along the arc of -a
circular curve to the left, concarb to the West, having a
radius of 61.99 feet, a central angle of 42*28133", through an
arc distance of 45.96 feet, to the Point of Tangency; thence
run N. 6°47'00" E., for a distance of 43.35 feet, to a point;
thence Tun N. 3°54'07" E., 10 feet West of and parallel with
the East boundary line of said COVE NO.2, for a distance of
110.00 feet to a point; thence run N. 4039157" E. for a
distance of 210.00 feet, to a point; thence run N. 11°31'43"
E. for a distance of 56.31 feet to a point on the cirved North
boundary line of said COVE NO.2, the same line being the South
boundary line of COMFORT CANAL as platted on said Record Plat;
thence run Easterly along the said curve of a circular arc to
the left, concave to the North, having a radius of 166.39
feet, a central angle of 5°10'01", through an arc distance of
15.01 feet, to the initial Point of Tangency; thence run N.
75° 38'30" E., along the South boundary of said COMFORT CANAL,
for a distance of 20.57 feet, to the POINT OF BEGINNING;
together with all improvements (seawalls, driveways, domestic
lights, drainage structures and outflow rights into COVE NO.2,
etc.) and restrictions thereon; containing 5,954 square feet
more or less, or 0.1367 acre, more or less.
EXHIBIT "A-2"
.-... ... .. .. .. ,.-.. .. .- ..- .. ... .,o: a�...-. ....:.v...:d.vw.:_....v�t ia,trt+'ir!G:+�nbtcAkT�4i!�Ct.w:....: m.-:t �. ..•a :..,.a},c-:•;�,. `i: �Lhy�;nr,i-:-MjC:a-.:.►xt
STANDARD EXCEPTIONS FOR OWNER'S POLICY
"W - .
The owner's policy will be subject to the mortage, if any, noted under item one of Item 4 of
Schedule B-I Hereof and to the following general exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed
by an accurate survey or inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records. -
5. Any adverse claim to any portion of said land which has been created by artificial means or
has accreted to any such portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records.
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this Commit-
ment other than those shown in Schedule B-i and Schedule B-11 hereof, and shall fail to disclose
such knowledge to the Company in writing, the Company shall be relieved from liability for any
loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to
the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim, or other matter, the Company at its option may amend Schedule 13-1
and/or Schedule B-11 of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions ,and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured
and such parties included under the definition of Insured in the form of policy or policies com-
mitted for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to
comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B-I or
(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment.
In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions, the Exclusions from Cover-
age and the Conditions and Stipulations of the form of policy or policies committed for in favor
of the proposed Insured which are Hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may brine against
the Company arising out of dhe status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the pro-
visions of this Commitment.
C15 ACT - u-- I r),.:.:f r.J 1Nry
S - ...I.f. 1
:)ISr,,ICTs / )tAl tax -t +j `i�.t..11
b�9.c'_5 .GPl:R 3J33+71 C'!T'T' WUt n4Q6:?8• «.•,• AMOVNT DVE:F PAID IN '
:'•y ,• %` • S33.53 DEBT SVC � 2SS8+85 OLE5T SVC 1428.14 ��^�'r' J
} ,.•.1'Ri,�� iLIURARY 585.69 I-3'4 L--niGV--3S371611L �
' 3OL-C 3637Z+U7 t
•`'' i .� , i_''L JAN 367466D3
.� i• I I FEB 371 0.`i9 C
1,1172.78 SUB TOT 15892.56 SUES TOT 10430.61 U� MAF� - 31415.95
. I . _. .. . i
•''�-'. vaLV%.PIONS h- ,.• L..,�w FULIU NVtnHER -_'-� `� 4-/'9( " Z
p LINOUFNT �.
,TAL VALUE 14903U0 010 0 U1�3131 10 U040 2 APR 38t t4.83
MAY 31'_4.83 _
018 y 5 5-0:815 5 =rrsa\ EJ\ r`
WHEN P[tl il'f T ;IfEIVLO VALIDATED
C1 �' MAKE CffI.(_KS f AYAl TO: J
t f i ., 110,coi.tr.F C.TDR \
�•Pr) Hl�x•I:o•a1o,t.ynt,u,FL3315: 31 53 40�15.819 AC M/L /�\,(/!/-J/�� vt�
c-UNIRAL ?sA�IK itll$T-CO Tip SUG-UF PEi 28-10
13.13 N'W 36 SST• iMO - LT - la-1588 Pr TR 2 BEG 28!,FT N F. 15FT W OF
It MIAMI, FL ti 331,42 SE COR SEC 31 N876.01FT ETG5RO'LL
G
;'1 01000131.3110001102 003S`I'll 003637107 003674603 00374'1S'15 �-
_ COMBINED TAX BILL 198 REAL PROPERTY TAXES I
CSCIIUUL AND STATE_ DISTRICTS Gn.0COUNTY Ci •'.+HINF-D
It MIAMI AND',NGL'IALL71LrRICTs rc>rnt. fax �i'. �'3f3_
SC1i-UP �B9�4 IbPER �1T. CNTY WUE 38b: �7 ,tr,,.,T
I nt.'IUVN1 DUE IF PAID IN I
`IrM DIST .24.56 DEBT SVC 117.7`1 DLHT SVC 66.20 At- °
LIBRARY 26.9L3 0V--��54�.�i
. 3Z DEC 1671
- 2'u JAN ".611,.46 '
1'V FEB 17118.72
SUB TOT 514.30 SUB TOT 731.55 SUB TOT 480.13 Ot MAR 172S.118 -
VALUATI(lN5 t.gTG y,t"�, t�1`fIu �/'F-OLIO rt Vt.l
DELINQUENT V
'TOTAL VALUE 68L00 010 Q 01 3131 10 0070j5 APR 1781,.76 h
-- -- MAY 1761.76_ i
_Pl,.- :i r; �rtF GLIVt.D _ 01,3362-01,3362 t�i!
WHLt; •..I,I I uLY v"t I(;AiF-D
.r `l MAKI:t:Il t.l PAYI.HLL TO: r
r,:h i L:)t_L.E.C1r.�H -
y .F`(• P O I10x �: p410. :•I.�P.tl• FL 331ti: 1 53 41 .23 AC
cEINTR.4C 4RCW 'eRQ_ST-Co TR.-- SUB OF PI3 _Ri �;'
% Im-ISS - 7U1 SW' 27 AVE S25OFT OF W40FT OF E1154I f 01- TR �. L -
M IA1. 1 FL 33135 2 LESS S SFT FOR RD ETC ROLL
� <<
I
1 011300133311000705 00016S694 0001,67420 0001691.46 000172598 + �
COMBINED TAX BILL 1981 _ -
Q�_LB-LY TA.X E
SL'f10OL AND STATL DISTRICTS i COUNTY COMUINf:O -
_ MIAMI AND SNIfCIAL DISTRICTS iUTAL TAXI Cj�
Is -CH qf' 1�i6:5 UPER / ^1`i50.711 ICNTY WDE-Y,L?L` .`20 nscol,ttT
II c (� ,/ ( 7 ALL cMrt0 11b+OUNT DUE I` PAID IN
W:4 DIST .0� EB �:IC 374.35 DEBT SVC 210.40
j LILRARY 85.69 OV 5���3��. `
3% DEC 5321.I1i_'
2Z .PAN 51175.88
1 1" FEB S430Il
SUB T ,.1634.5 SUB TOT 2325.05 SUB TOT 1525.99 Ua MAR 5485.511 ;
ALUATIUNS ..nLtuta
MTG yti ^f lruOU FQLttf-T1)t,l ti Lr-R � � •.
DE LINOUENT
TOTAL. -VALUE 0111 0 0 3131 10 0050 �9 APR 'e6!,4.Z6
MAY 5654.16 .
Ill NT HI CI.IVL-D 013363--013363
Ill IlItUI'ERt_Y VALIoi,r[D
•r1O �J�] � MAKE CIit CKS PAYAM E TO: �-�--�
l T `� " _"LL_�� _P.O. Ut�XTn_Ua_IOLr.�IIAtI I).µ'L 33152 C ,
_. 31 53 41 .87 AC/• n !r
Cti1TRAL OINK E TRUST CO TR SUB OF / PR 28-10 n
trI=ISS - ?U1 SW 27 AVL- N•II10I=1. OF S250Fr`OF W2SLIFT OF
MIAIII FL E14U41=T TR 2 & W90FT OF S'.SOFT
33135 LIC BULL
i
1 01000131313.UUU5U9 U00S2L61? 000532-02 0005j7588 0005415S5`]
t� .'..4 ,-.wL �r ••••••••t•�T1":4r.\•ril.-:r..—...a.�pA.Rri N:'4-0M�F.r3wrllit�'..J+t rl.Y/�wM1—.;xr ... �.. •. r. v.. .. ... _. �.. Y ...b: !• .ter. :{!L �_:4�t..S .YA�fiJ\.�/1
LQUIS S'I'I\SUN, •IR.
NINTH FLOOn
1401 BRICKELL AVENUE
MIAMI, FLOWDA :CM11
October 26, 1982
HAND DELIVERY
Miami City Commission
3500 Pan American Drive
Dinner Key, Miami FL
Re: Public Hearing
Property Location:
approx. 4865 N.W. 7th St.
Miami, Florida
Gentlemen:
The undersigned holds, as Trustee, Unit 305-4 of
the Sunset Villas, Phase II, condominium, located at
4841 N.W. 7th Street, Miami, Florida 33126. I
received on October 25, 1982 a Notice of Public Hearing
regarding the variances requested by the owners of the
land located at approximately 4865 N.W. 7th Street. Since
I will be out of town on the Hearing Date I wish to make
my objection to this variance known by way of this letter.
My condominium unit is located on the north end of
the building, 3rd floor, which, from what I understand,
will look directly into either one of the proposed
parking gararage or one of the towers. The variances
requested would reduce the setbacks and allow the
parking structure, depending upon which structure you
are staring at, to be approximate 3 to 6 times the total
height allowed previously, not to mention the lessening
of the setbacks. This would restrict the current view
out of my windows and increase the noise level sufficiently
from that which was previously allowed. Increasing the
height and lessening the setback compounds the effect of
what is being sought. The allowance of these variances
would decrease the value of my unit, both for resale and
renting and provide the tenant or new owners with
considerably less open space to view and more noise.
. 7.� ,,tr�...�.v,.., .-Yw �Lerp�R.t�.7'M..1iw.L�*'i.cMlO7A:^r.fh"+o_�a.4r f�tivu ��n.�.�:ue•r,•. ss.-.:':`p+1?sE4J.�*sV�:...�.
Miami City Commission
October 26, 1982
Page Two
For the reasons stated above, I object to theosal
variances sought
and
twould
this smallthat
unitsome
oanerother
can be
pro
p
which is equitable o
agreed upon.
Sincerely yours,
Louis Stinson, Jr.
LS:sb
cc: Sunset Villas Condominium
Association
CMARLES C PAPY JR
JOWN G POOLE. JR
SwEA'OAN K YftISSEN87AN
CHARLES C PApv_ 111
JOCEL"4 POOLE
MANUEL VNONQ GUAN
BRUCE J GOLOMAN
CARON E SPECS
1
P.%xl , PooI..I:, Wl."IsPA13
ATTORNEYS AT LAW
'82 22 ? 1 •051 201 ALHAM?PA CIRCLE
SUITE 502
CORAL GABLES FLORIDA 33134
1305r 446.5'00
July 21, 1982
Mr. Aurelio L. Perez--Lugones,
Director,
Planning and Zoning Board
Administration Department
275 N.W. 2nd Street
Miami, Florida 33128
Re: Application of the Central Bank
and Trust
Dear 'Mr. Pere-Lu-ones :
This letter will confirm my telephone conference with
your staff, to -wit: Betty Malvera, concerning the
hearing on the above referred application.
After discussing it with her I have requested that
this case be deferred until the September Commission
Hearing at which time we will provide any necessary
documentations as per the new Zoning Ordinance No.
9419.
Very truly yours,
SL�l
SHERIDAN K. 111EISSENBORN
S Kip' :1 s
r. _.-t..ti� d.rs:� ..a.S a LrrKrrCfi6/t oxo.Gti!!:=, v w... Ni,,, +:7}�r' .►". •.,.:A r+i �Yf%+:•.a�h• n �.vr�saY.+.. • • .... ....
1 f:! 7 �, •sir
`f1
PAPY, POOL'E, WEISSE- BORN' & PAPY
ATTORNEYS AT LAIR12 .� M 22 �!, j 5"
CHARLES C. PAR.. JR 201 ALHAMBRA CIRCLE
JOHN G POCLE. JQ SUITE 502
SHER,DAH R WEISSENSOP" P 0 BOX 34,058
CHARLES C PAR♦ ''I CORAL GABLES. FLORIDA 33134
RICHARD A GRADOCC• June 2 1 , 1982
JOCEL•N POOLS (305) 4A8-5100
Aurelio L. Perez-Lugones, Director
Planning and Zoning Board
Administration Department
275 N.W. 2nd St.
Miami, FL 33128
Re: Application of the Central Bank
and Trust
Dear Mr. Perez-Jugones:
As attorneys for the Central Bank and Trust Company, we are
writing to confirm our conversation with Gloria Fox on June 14,
1982, wherein I indicated to her we would not be able to comply
with the disclosure requirements by June 15, 1982 to get on the
March 24th agenda.
It is our understanding from her that by copy of this letter we
will be penciled in for the July 29th commission meeting, and will
be confirmed on said agenda if we comply with the new Ordinance
No. 9419. We are waiting authority from the clients as to what
they wish to do.
We will keep you advised.
Very truly yours,
Sheridan K. Weissenborn
SKW/lb
cc: Mr. Terry Percy
Deputy City Attorney
City of Miami
'.yJck;.7i. q'.wo:�h.w•: a: �.r..e.•,..rr...✓c..-:w+nY.�....��r.w-�-._....-...:..r..�w�•�.ars�rsu�:..r►t �r,. .. ... .. . r .. �.. ..
f
June 8; 1982
Certified Mail
Ms. Caroline 'rJeiss
Intercontinental Properties, Inc.
Box 1000
701 S.W. 27th Avenue
Miami, Florida 33135
Re: JACAROL REPLAT
4365 N.W. 7th Street
Dear Ms. Weiss:
This will confirm our conversation with your office on this date.
The appeal of your request for variances to the City Commission
cannot be heard until full disclosure has been made of all owners
of this project.
Please contact Mr. Terry Percy of the City Law Department in order
to comply with these new regulations.
This information must be submitted to my office no later than 5:00 PM
on June 15, 1982 for this item to be placed on the June Planning and
Zoning agenda of the City Commission.
• urs truly,
go
- a es
Director
Planning and Zoning Boards
Administration Department
AEPL:bpm
cc: Central Bank & Trust Co.
Roberto Vich
Joseph M. Matthews
Terry V. Percy, Deputy City Attorney
.. �.t w-•� >. '::^': •►Y.!... ...,�.. :;�.+t•,. s:^. .. •;'.....nL...,,e.u:.irt�..Rw-i'�1...r.Tic:�'•w�MoKk:`:.Iht'!•o:^�N.felva+�•n ...e .-•�/ro..r..•:<.�t�rss
N%'.%j. D& B I O N D O
PROFESSIONAL 'ISSO
ATTORNEYS AT LAW 1
830 INGRAHAM BUILDING
2S SOUTHEAST 2-0 AVENUE
GERALD J. BIONOO
JOSEPH M. MATTHEwS MIAMIt FLO RIOA 33131 TELEvwONE AND 'ELE::- E4
(305) ZSB-5900
M. CRISTINA MORENO
TELEX 177, 441351
RENE V. MURAI
GERALD B. WALD .
NOTICE OF APPEAL
May 4, 1982
Executive Secretary
Department of Administration
For Planning & Zoning Boards
275 N.W. Second Street
Miami, Florida 33133
ATT:I: Mr. Aurelio Perez-Lugones
RE: ZAB Resolution Number ZB 56-82, Granting
Variances to Approximately 4865 N.W. 7th
Street/Jacarol Bav Club
Dear Mr. Perez-Lugones:
You are hereby given notice, in accordance with
Article XXXI, Section VI(1), Comprehensive Zoning Ordinance
Of Miami, Florida, that Sunset Villas Condominium Association,
Phase IIIA, Inc. and Dargelo Garcia, request the City Commission
to review Resolution Number ZB 56-82 of the Zoning Board,
entered on April 19, 1982. Sunset Villas Condominium Association,
Phase IIIA, Inc. is a non-profit corporation charged by Chapter
718, Florida Statutes and the Declaration of Condominium for
Sunset Villas Condominium Phase IIIA, with operation and mainte-
nance of all common elements appurtenant to the 440 condominium
units comprising Sunset Villas Condominium, Phase IIIA, for and
on behalf of its individual member/unit owners. Mr. Dargelo
Garcia is the owner of a condominium unit located at 4805 N.W.
7th Street, Unit #107.
The real property in questions is described as being
located at approximately 4865 N.W. 7th Street, consisting of a
portion of land including lake bottom legally described by metes
and bounds, located between N.W. 7th Street and Glide Angle Lake,
at approximately 1100 feet west of N.W. 47th Avenue. (complete
legal description available at the Planning and Zoning Boards
Administration Department).
Enclosed please find a copy of the Resolution of the
Board of Directors for Sunset Villas Condominium Association
n
'Department of Administration
For Planning & Zoning Boards
Miami, Florida
May 3, 1982
Second Pace
Phase IIIA, Inc., duly enacted at a meeting of the Board of
Directors held on Thursday, April 22, 1982. Also enclosed please
find our firm's check in the amount of $500.00, representing the
fee for filing of this appeal.
You are hereby requested to certify this request for
review to the City Commission through regular channels.
Very truly yours,
SUNSET VILLAS CONDOMINIUM
ASSOCIATION, PHASE IIIA, INC.
BY:
J SEPH M. MATTHEWS, as its
"torney
DARGELO ,GARC IA
cc: Joseph M. Matthews, Esq.
Dargelo Garcia
n
1IL-R:1I, A ALD cR- 13TON DU
.o- .....,.-...:L,.e:.;.d•.e;.......a�z•�.:�xai!w+Ct+leM6lrAif�"k�ftC+,•r•k••r:wt�4� .:.�••-+�Yl�t�a's'r.:h:RJ�`�iw-,viu.�r.+
UV
s-
NOTICE OF APPEAL _ 1
Executive Secretary `
Department of Administration
For Planning & Zoning Boards
275 N.W. Second Street
Miami, Florida 33133
ATT:I: Mr. Aurelio Perez-Lugones
RE: ZAB Resolution Number ZB56-82, Granting
Variances to Approximately 4865 N.W. 7th
Street/Jacarol Bav Club
Dear Mr. Perez-Lugones:
You are hereby given notice, in accordance with
Article XXXI, Section VI(1), Comprehensive Zoning Ordinance
of Miami, Florida, that the undersigned persons aggrieved
by Resolution Number ZB 56-82 of the Zoning Board on April
19, 1982, request the City Commission to review the decision
of the Zoning Board. The undersigned represent greater than
100 of the property owners who were entitled to receive notice
of the public hearing at which the variances were granted.
The real property in question is described as being
located at approximately 4865 N.W. 7th Street, consisting of
a portion of land including lake bottom legally described by
metes and bounds, located between N.W. 7th Street and Glide
Angle Lake, and approximately 1100 feet West of N.W. 47th
Avenue. (Complete legal description available at the Planning
& Zoning Boards Administration Department).
You are hereby requested to certify this request for
review to the City Commission through regular channels.
SEE ATTACHED LIST
JOSEPH M. MATTHEWS
MURA1, WALD & BIONDO
ATTORNEYS AT LAW 830 INGRAHAM BUILDING
•ELEPHONE 13051358.5900 e5 SOUTHEAST 2-0 AVENUE
TELEX ITT 441351 MIAMI, FLORIDA 33131
.......__.e.:.r.w.,.+r+:..w��s..ew►Lr' .a.w.rr�:,i...... �._ .. . ,..,... ...._..._. ._ � ,.. ...a:v ._«:it:.:::�.,�.;.,:d-y�:a:.�.:�%�w Wlw�.:-rti
Nam Of Aacrieved Prop--rty Owner Residence Address
to
Nam clf Aaarioved Residence Address
kZ-C-e-e-
'7 5 /_
,44 -2- ct, (S
4- 7o 7 /\j W *7 sr- -7if -Z-c 2
76; 7 7sF — #2-c-f,%
-
4 74: 7 A'7s
-,1W 0,7 / v -,-; 7
Lj.
+'-.ftit?r1.at-t�.:.:.-.�..a.:n.�.p.�.+:.�r•+�v.•.wi1M'. ..yx.+A.W':w.:.:ren.. .. �.. ... .. � .�`.. �� , Y..�.1. .o- :a� ...w .)e:.. :�.qG:.•d .:.u:......:i�yi:1 •
Nam, cf Aa=ieved Pr(-)eert•., Ogner Residence Address
Cil-
� ..L :G i.<- . L. �-�-�...c _ ai / ,/ Cam' . � — J -� ,�. /•--ice .� � 1
03 —
o y 46 v ys;
), i
_ �.�.+�....r;c w... •. �...: •:..; � .r�!��wV ;.i;.<.4'.r'.YLe �M•R•a.Tl�i.::�,..t�+:'• �7aY►:. v."^q: r+.'.h_wvaren. n.� :.s'r�-..x.•.:.�rre�.�_ 4...-e...::....: . w.�:w:?w.rnaYtlir
• � r
Nam of Acarieved Procerty arner Residence Address
tit ti1"v lea CG�J
15
r
�--- c //
v
V717 AhJ. 7
/ ZU" V
1/7a A/t'7,)'
of
i Cl) 1 ,�
Noun of AcTarieved Prc :erty O.o-ner
112
A�2 �l 7 / % ju� icy : 7 S T� E.� � ��
Residence Address
2/-7 / 7 ✓✓v." 7"J r' -//�/o
H-1�-� rQ.w."1 -,T 414)0
V
V ? / ? 4`1 /,P/ 7,,U. Y� IT- / 0
r) N CJ
1 r %
..�..,-ivlXte!rr!Gr�MSieA:4a"fo�t!-:::r,wTs. _:..M:'�`f:�',-:1:w,;�-�.;1,.•^,\tG4J►'.P+�M�r'r.:•.a.t`•.-�_�•..w'0.`sir:.;•�.....a.f..... .. -e-•..
Nam of Aaarieved Prauerty Owner Residence Address 1
01- 72
�-7 fS
. .. - . - ,• � , .. •..s a , �. :r. �4•Yw..6.aMa�.. •.M�•iwV7C�'LM'�Q�f
N&--m of Agarie%,ed Property Owner Residence Address
3
4 7,Y w 7 z. F) p, -2 0
if
,,a�Lx \/ 4 7r,21
J l�
�fr r. 1«�• M,1«.: i+•+s... Y•• ;tr♦+:nv,..,...n..� iCe..«ww..T .v:.. .a�'s`p7t.Y,Ti. 1 4.p ,+t �. ,.. 'Y: .... �'+i'. .. NI. taw u. W:'.+,Nf !-.varlw....x.•...awi�'r!r«�r.r.....«.-.0 wcM,..
Naas of yccr_-'__ved Property Owner Residence Address
1
11
Nam Df Ag ricved Pro:>2rt,.• Omer % Residence Address
K;7
Alb
of
V
s 7 0
/ 5 7G �'
v Al LV -7 S7 r�-
vef 7z eC C?
16)
t
.�=30
40,
.. .. .. .. �. �.. , � .. .... .. � � i ... fit.:G.•Kr.•ii.rRar..�..4ii'�:.1:CCL�}'�T.�.�'}��'�1irf�:��M'�w. w. .. +�:iro �r',� � •���:.�,�.p�•;•A:Lk.M%ru �Mjf3wn•.a+.t....r a_:�i�+
.^� of AacTie%•ed Pro:xerty Qrmer Residence Address
z6
s C iV cam'
- STD
f..ii.Cry'w.ci'rt.Al•R•V.-aG+..1:wLr.;i.cy+s�,rp:r�+isV���!q:^n1f.KV4%�n,-•..,,...�•�:�.. ...1T�..•.�•.\`[•+ti...�. .._rV.�...:41.HY�a, y,•. .. a. �
r
Nar -2 of PrCmrty Owner ,
- n / Resid�ncc. Address
�►'YZ-c.�,a
s 7,2f !.� 4� . i �,�C/f� �' c ��i ✓C! G 3 �1/ C�� i s� p' yv-� %�� �"n� � /�
r
l
l
Tu V �=NFL �q N � � e �� � � ao�Z ✓ �n � Zv
tit A �� v c C i `�.' �t-� r�c V / d ti co
V
1
-)3 I(la) V
�3
�c7J
Nam cf Aggrieved Precerty Owner
/ 1. � % � ,��. ✓�'
.r,
�i
? 0
r
c'y✓Lv�.�ity�X,5
(1�
0
.. _ •♦+=+i1��1!�1♦ \«, 4..' V;. ' %:" :k'.. 4. w„.'Rw-r"...11\w�W-JO •
Residence Address
V/
-'!
`) - 7 r-r a;� 3 o r-- /1-5 -
v'r (A) - A�Y
.,.,....,.rz.��.Cali+tK.�'het�b�:-7+;wi....:rri-.Yr�. ..� •a .�,y�,t+•p....+� �Cti.��saarble�.'•�..r..4y...,.•1_.�...Vr0.i.T.i1.�,,..�1.�....... ....1__: -. ...a _ .�-�... ...• ,
Nwro of Aacrieved Owner Residence Address
Y'' 1 � r � ►� `� C� �-� < < < � � '� �=— fie; . � �� �
U
.,1^P.I.�.:..�.-..r.�.'+Myi'.M'�fNlS4f':r`itiri ..SN.rLi1���M1-.�.H.� r r•.
.. .. .. r.. .. _ � � ....6 . > - r ter. .0:li.�.d.�R�►.�...a�i:i,;�,�y�My}�E�t�a�&i�MYf�?►iM.*
Sx T • "A" -
April 19, 1982
Robert E. Tingley
4841 N.W. 7th Street, #205
Miami, Florida 33126
Honorable :Members of the ?Siami Zoning Board,
I attended the meeting of 3/8/82 when the Jacarol Bay Club develop-
ment was deferred at the request of the applicant, apparently tle
applicant feels that if he defers the item enough times people will
tire of coming to City Hall to protest his development.
The proposed Jacarol Bay Club development at approximately
4365 N. W. 7 Street if approved as requested will put an
unreasonable burden on an already crowded neighborhood.
The developer has requested an F.A.R. that is in excess of the
1.1 allowed and has further requested permission to reduce the
required open space between the other buildings in the area,
namely Sunset Villas.
ff
Although the address is shown as approximately 4865 N.W. 7th
Street, the development proposes to erect an ugly parking
structure on the S E. corner of the subject property adjacent
to my condominium which would, if granted, deprive myself and
the other residents of Sunset Villas of light and air, not to
mention the noise generated by a parking garage due to the fact
that the requested variances if allowed would place the structure
too close to our homes.
The City has regulations governing the setbacks from the property
line and the distance between structures. I would urge you to
enforce these yard setbacks by denying the applicant's request
for reduced Yards adjacent to the neighboring developments and
to deny the increased F.A.R.
There is no hardship that justies these variances, only the greed
of the developer for a larger profit at the expense of the neigh-
bors.
I would also urge you to require the applicant to lushly landscape
the required side yards so as to screen these parking structures
from the a jacent properties, particularly the southeast corner,
of the subject property.
Sincerely,
obert E. Tin �ey
GERALO J. eio`ic0
J:'SEPl4 M MATT -ENS
M. C.RI$TINA MORENO
RENE y. MURAI
GERALO B. WALO
:ir:..,.rG:.d-.c.........4h��.:�xa�t�M!C.:'Y�M6hA!!::i,ws...:+n:�roo��_';u::.,YA,t-;•y"..��ikl�-dyir�:w.'.a�t�h�._..
Mt-it:%.r W.ki_n Biomno
PPOFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
S3O INGRAMAM FJUILDINCi
2S SOUTMEA3T 2-U AVE•+vL
MIAMI, :LOR15A 33131
April 1':)', 1982
City of riiami Zon inc Board
c/o :1r . ALre i io Perez-Luccr.es
Planning and Zoning
Appeals Board Administration
275 N.W. Second Street
t•:i rli, Flcr ica 3�13?
Klk • N 1` ~
TELE—ONE A'.: •E.E=iP'ER
(33S) 3�i8 590�
TELE• 44,351
R::. Approxirlately 4865 N.W.7th Str�_et/
Jacarcl Bav Club/ Application for Variances
Dear :tembers of the Board:
-,hi.- firm represents Sur.se= 'villas Cor,c;cr.!iniurl Asscciat:ct,
Phase III -A, Inc., the Conc:cminium Associatiun charged by law
I,:i1 }, the operation anc mainten:.nc:e cf the cc:mmcn elerer., of
tLe 440-unit conc.cminiur,-, located imriec:iately auDacent to anu
Loruering the east. Loun6ary of the above references: prcr-rty.
die requeE;t that this letter be made a part of the file in
ti,e Glove rc-ference-c application icr variances sul,,mittee by
Caroline Weiss, Agent for intercontinental Properties, as
cc,nsteuctlon tlana,er.ernt for the unuisclosed Lenef icial cane: c,f
the property located at approximately 4865 14.1.. 7th Street.
Cur client wi-Lhes to present numerous written oLj--cticns
to the referenced application for variances, based uYcn the
al pl icat icr. contained in the City' G f ile as of April 15, 1552.
If the applicant modifies the application in any significant
manner fcllo%;ing that date, we strongly urge the Zoning ;care
to defer final determination until the undersigned, our client,
and all other potential cLjectors have had an opportuni'_,' to
examine the modification(s) to the application.
Before setting forth the precise factual and legal grccr.c:s
for our client's objections to grant of the requested %•ari-
ar,ces, we would like to present a brief sumr:,ary of th,- t:istury
of the applicant's prcperty and of the relationship between our
client, ti,e applicant's prcperty, and mir. anu firs Weiss.
.u4'..!.V'^!'Sf !�YV4 � h:+.t �..�-.0..�4..�-i+�-:....—.-a.:ww..�.a��.rwm+•.:�:.►Ir- ..s.vi.rfw���x...,.. .... .... ... r .... .. «..y
�hr.�sl.iS.CNw�! �-tw;wA!a�T'M ••:�.+::R::1iy:KFJOif1".'i n�m. •x• •.
City of t,ilmi ZUIIiny 2c,:aru
April 19, 1982
Pace —L—
fil_= CRY CE' hPFI.Irh[;': ' PPGP' F T i
In 1972, the sl;L sect property :a:. r _rt of a large
cc, r.dominium pr(-,-)ect
to Le kr,o::n a 1..s�t ii 11_-c.
T`.�
developer of Sunset
Villas was
s cc:,c:any known a
T01ecc
Villas, Inc., a wr,ol,y
C'r.nE- c su1,
Giar} ct Inte1,ccrtir.Entai
Er,ginee_ing, Inc,
i:e owners,
officers and directors
Gf
Intercontinental F.nr,ineerinc,
Inc.
%:ere jack and Caroline
V.eiss.
Sunset Villas Ph-B es I and II consist of 22G ccncOr.inl,:i,i
units in six parallel tour-s�_ory bt:i 16ir.C.c sitUatEd cr,
North'.:est 7th Street, west of Northwest 47th Avenue,. This f i..,
does nc•t represent tl;e J.ssociaticn fcr Places I anal II T:.e
remainder of the Sunset Villas p:o`'ect was to consist et
ahprcxii:,ately 840-units in apl:roxir,-attel. 20 builcires of fcsr-
and eight -stories, as indicated in tt:e -.,aster plan nreparcr_; ;v
.3cro_e Dcrta-Duque, h:A, the architect fcr 'Ic,ledc Vi ll..s, Illc.
and submitted to the City Of Mi:_17'i it Decer, 1c72. .his
Inaster pl-mr, covers �.I;at i_ nCti C L r cIi--nt's prcrErt, 'and the
applicant's property as t:e.11, and it was Cr i ,inz:lly referrer to
in tl:e City Eui ldinG Dep:,rtment tiles as ",,Le Cove Sun.c.et" .
In December, 1972, Intercontinental, Engines -ring, Inc., aE_
general contractor for l'ole6c, Vi 1 las, Itac. , Kul leu Ferr..ite and
began construction of what eventually cecame (::,tter a June 7,
1573 rev isiLn to the Master Pl:.n) the 440-11r,its ccr-.prisiac
Sunset Villas Condominium, Phase III -A. In 1974 anca 1975,
Tcle6o Vi llas, Inc. received ter,iperar•; CErtit ica.tes of CCCL-
pancy and closed sales of approximately 130 units in Sunset
Vi i las Condominium, Phase Ill -A. ',"he pr imwry ntr:.nce ar.r'
sales office for the condominium units in Sunset Villa-s
Ccnc.Cminlum, Ph::se iII-A kern locate6 on a portion et the
property which is now a part of ti,e applicant's property.
Ir: 1975, before cor,plet ing
ccnstructior,
cf cur cl ier.t's
440-units,
Toledo Villaz, Inc.
defaulted on
its rtacrtgace ant:
deeded all
of The Ccve Sur.s:lt,
including the
applicant's prcp-
erty to
its construction lender,
Guardian Mortc;age Investors.
Guardian
M,crtgage Investors, through a suLsidizry
corporation,
completed
construction and sold
the remainder
of ti,e 440-Lni,:
in Sunset
Villas Phase III COndominivarr..
Betore
Guardian Mortgage
investors
was
able to obtain
permanent
certi£icGtee cf occucancy
tcr. scr,e
of the builcincs
in Sunset
Villas Condominium,
Phase
III -A,
it was discovered
that Tcle6o Villas, Inc:. I , & di
never obt_ineu
a f ir.al plat
approval for
"The Cove Sunset".
As a
result,
Guardian Mortgaye
NI U IZAI, WA1.11 .'i IiIO\ DO
- ..'::.•+«.:..rr�•.�•.• ��',_•i�•+v,. �7'^.. � ... +-wv,....C.�. w .DLc �.h'R�v�.T'M�...n:.t:rR�i.Y+°jG�{ki^ifh�:�•7RMPYV•
City of niami Zoning Foard
April ISi, 1932
P. ,C -.,-
in%es ors was tcld by the City th ` it 4;cujc: ilc`.E to ot`_ .lr.
f inal plat approval or obtain a waiver of the n,lat recuirer,ent.
or. Gctc:,er 4, 19716, Guarc:i,:-.n micrtcaccz
the Zcr.inc Board and was grantec: a variar.c,_ %.-,ai.in.<: t:.e ,)lat
L�CuirE.. :,t, b:.sed uFc,n the rep rt s`_'rit--:i111 :.f.7.._ Ali oGLai*.•lslcr,
1r:rrc*, ee ,entc Cal led; for in t e t --ntat 1'iti flat f i leC: in 197..' for
The Cogs Sur,set property were ccmpletec. an.c: t,,.ct v;: i%cr of tl-e
plat would: have no Gr=.ctic-ri effect. BGsec ;:pcn tLiis repre-
sen,:aticn, ti:e Zcninc Ec.=:ra gr ant�-6 t1 1cc%;.e_-t =c .:.r i .n,ce,
despite the recor^mer,6_mtion by tLe Planning Department tt 1t
1;e 6EL1Ec. iJeCaLSC- ar,.., ha.-. -;ship was e Gr1na
Board was apparently convinced by the arcuments cf Gu.rdiat,
ncrtcace :nvestcrs that the l:arc:ship w&S cause(. t;y ti.�- or i 7 inal
develcper, Toledo Ville, Inc.
-.he riE ,at lve iL.ract of tl,l s v b r 1anc or ti.e ul t l::,ate
Furcl;asers of units in Sunset Villas Condcmin,iurn, Pha:>e III -F,
w�_., t'.•GfC1d. It severed then i:cu, direct ccc-zss tc. Ncrtt,�.e_t
7th Street, despite the fact t1,at all 4 4 0 - u n i t s have street
a(:(:resze_- on Northwest 7t1', Street. Seccl.(:, it saLuleC: ti,e
440-units with a parking shortage of approxi-, ateiy 136 sraces,
as Mea£urec by the City's Zoning oidin;tr,CE Lr.G cs CC.nteC.eU
in the master Plan prepared by Jorge Dorta-Duque, the architect.
After Guaruian Ncrtgaye Inves:tcrs co^.pl,-�tFu sale cf tLc-
440-units comprising Sunset Villas Condominium, Phase III -A, it
severed: the property now cwned by the applicant and, c:eec: _d it
to a subsidiary of Merrill Lynch International Eank., Ltd. ir.
return fcr c:.nceIlation of almost $2,000,000 in debt. In I
1979 or early 1980 Merrill Lynch's subsidial:N sold the propert,,
to Jac,:rcl Bay Club, Inc., a Florica ccrporatio►: z)wne(, by j_-ck
uric` Caroline Weiss. Thereafter, Jacarol fray Cl-.:b, Inc. p laceu
title to the suk;-;ect prcperty in a l&na trust wit!, Central :!znk
and Trust. Company, the appliccnt before this Board. ':Le pre-
-(_nt berieflcial ot',ners of the lane trust are un(.2isc1(_.E;eG. 11c,"-
ever, it, February, 1961, an officer of Central Yank S Trust
CGl',j%%:r.li testif ied uncier oath that the henef lci:,I 01..ner cf tt::
lard trust at that time was Jacarol Bay C1u', Inc.
Gur client respectfully requests that the entire iile of
the Department of Rdmini:.traticn for Planninc and Zonin, Boar(:s
ir, tl:e Application for Var i&t,ce by Sunset Villas Ccnccr.,illic:M, of
Miami, Inc. dated Septen:t;er 9, 1976, which variance was cranteo
at Public Hearing held on Octcber 4, 19%6, Le 1ncGrper_=ted 1ntG
the record of the pending application. our client further
• requests tf.at the Entire i lle maintnin'�(. by the. City of 111ami
Buildinq and Zoning Department, Plat Division, under the head-
Nt r' ]:.\1, NVAI.t) F, PIO r)n
A. .
:+:ws....:w:iy �. � ;.�:».Y�t-vi� n�v r.��:.+a �alr%r�.;•..a ..t...s_....•«7�:aar:•�.... ... .._ .. ... •- -.
FJ
Cit} ct miami Ze::in�. Pcarc:
April 19, 1962
PGc•c- —4—
ir.c: "The. Cove SLr.s�t, .'_nt�tite pia_ aloe L'. inccrp%r-teu
into the record of the pen:inc app;iicaticn. Finally, our
cl ier.t requests that the micrct i lr; cc;: L'_E cf tl.e r.,a::ter _',•lac.
and othE•r Mans, any; al i p'ermitc, cr=rt i f Kates of GCCI 'anc`: ,
anG other GcCLments c, cor. i.cticr. cf SL:riC-�-t %`:I;_
Cc,ndcminiLr:, phase I_i-A, a,•kja ".hc Cc'. SLn:et", maintair.:c
in ti.e f ileE at the C.ty of tiiaml Le i,.Cc.r-
porated by reference into the record of the ;enGing applicaticn.
CF:C'':.CS FC,-PiF.(—IC.' 'IC r t' 1 F::: FC V �.::I Al:`CS
I. The Applicant has not ri.et its recu_rem.-_nt of
esta::lishinc t; at tl-.e cuL-QCt prcpe•rt suf-
J
fern from special conditions or circur.-
stE.ncec, not re£u It it c f rc.ri ti.e aF-pI iC-ant 's
actions, w!:ich deprive the arP1icar.t of
ri;I.ts ccm,.cr•ly er.;,ofec p,
Ly oti:,2r ,c ,_ities
in the same zoning district and create
unnecessary ac unduf. r.-.rurt.ip on the
applicant.
Applicant has not race any effort—Ilat-,cever tc st.t7.'w tl:e
existence of any special conditions v.hic'n crc—&te an unc:;:e anc:
unnecessary hardship. This i&ilL..e alc.r.e is SLfriCi-=Wt tc.
cui%p-c•I re jectiun of the: application for var iances, Hc,,%i-- v t=r,
not only has there Leen a complete failure to shc�, any hard-
ship, the history of the subject property itself establishes
that a medium density development plan wcuId be a cloarly
reasonable use for the prcperty. The original Sunset Vi/laE-
plan contemplated construction of approximately 400 units on
subject property. It is only the glLttonous desire to ;are
tl,e P;uximu:o pJ-ermissitle number of units onto the 12 acrtc of
prcperty which is nct submerged that sends the applicant in
searcl. ut G_trctiomic:.l F.A.R. anu parking height vari .noes.
The applicant has made no effort to show why it is nuw depr ive6
of come ric,ht enjoyer, ty other F- District Properties. Ti.e
applicant could not co so because no other - R-y District prcE.-
ertiec enjoy 1.75 F.A.R.s, or the ri t•t to constrL:Ct rr.:csi:c
highrise parking structures.
The only writter, basis for al-plicant's r-E.'i.L,estE_U variances
is the purncrted t:esire to coi:struct P.i(3 1e inCcm= rental
tic ucing. In the first place, this is 116t I•rcJl`er L::sis icr
this Board to rake a firiclinc; of special conditions creating an
ur.r.eces_ary and Lric.L•e li rLship on the G1,1,1is:.;;t, Nore c.',,Cr,
while our client is -=ware of the need fc;r middle income rent -;;I
hcusinc in the City of f!iaP.i, there is tic aseurar;ce in the
■
MURAI, W.ALD .` ]iIONDO
:`c.ar+�rv.w.i1K..a.vi.wl'+w...ar.a ... ... ... .. ....< < . -.... .....�. r ram« •.r:. ;a,.�F:..S.�s....�..4.1�.:Wa[�t�R!CQ.�M6�lALA�►:wA..;'N:�4-� +i�iyd.�.i�
City of Miami Zcniny Doak:
April 19, 1982
Page
variant" procedure that .rpplicant will in fact con-truct
irlcorr.e rental housing if the variances are chanted.
contrary, the Architect �.t1.1 has prepared tLe plat, 1Gr `_1:15
application has Trade it clr,?ar that the applicant does riot plat.
to construct a_p, rtr.er._s that will. ren.ain riddle Lncci.c• rr.
units. At a meetinc of our client's board of directors, he;c:
or, i a: ct. 21, 1982r . Rcr t c Vi ct:, HIG cur c it
tt,,t t'" aL�_ Iica11t in`_C,nG'ed tc concl_ruot a f Lr�t-C1�S:
ccrrdGr,in1um projeCt. Lverl if it 1S nE'CEs£. r1 f c r it tc, :e
rental when first constructed- it will be converted tc
ccr,Uor",1niLP. a SCOn aS it 1= ecor.lcaIlV fE;:sLLIe
As a result, even if the Citrr were inclined to take �::trerce
steps to encourage the ccn:.'tructiGn of r',iUdle ir.CoriE• ren_a1
housing, it is inappropriate in this case.
I I . Gr _nnt of the re:.;uested variances will confer
special privileees on the applicant that are
der:ied tc GtEer properties il; the- zoniny
district.
Thy val:i aces recuestEa by the apt;1icar.t will £,errait t,.e
ccnctruction cf sever. 17-story towers, eaci; of which :;ill Le
se,,en stories taller tt,_�n the ne:tit talt=
le£t bUildina ir1 thk--:
Zoning district betrr;eer, Red RoaC; tc th',lest , Le.JEAIne Rc_=zd tc
tl,e Sost, and Ucrtl. of i:crthwect 7tll S:rr_ct. A1t1.Gueh `_1.crE
are no height restrictions iMpOsed lid' Zoning ordin -ances il;
the subject area, the close prc::in,ity of imii:nli Interr; ticr.�l
Airport should not go unnoticec;.
f•iore iripertant, ac rOir,tEd OUt by ti.e P1unr,incj DEpartr.-"._,
the requested 1.75 floor area ratio is clearly taut::mount tc
fc—Z0ning tc the R-5 District, in lirt,t of the .pL ic_ntIE
design conf icruration. The director of the Planninn DcpFartr^r_r.t
has incicatEL that he cannot rec.; 11 the ccnt of ay :ir.i 1aL
variance frurr, the R-4 floor area ratio Lequirements ir, =he
suL-cc- t R-4 District. To the contrary, rile Pi:.nniny Departr�.l,t
has oLserved that development in the irime diate nei9hbc.r:,coc
sub-ect to tt.e R- i District zoni nc, t,aE LeGI1 E (tt i re ly cons i E-'tr.'
Witt; middle 6ensity residential dw✓elopr.:ent.
M i; I A I, IVALD S. 13IUi DO
..v •�.r.^.�. �:*.^..^':.�7t`a..:.au,:_�•+v ..•�,..>'1'�r.M'w�r.«,.<.�.:..•`..se•:.:w..f.l'11..�:�.f.:rv.cMJeY?.^i.v��V:^9rlrnv�.. �'n-.,.a:.+.-. ..J.....�..�......-r�i.-:.. �...:..wa+w��.�:.++4ar.76aie:
of ?ti --mi Zonincj
19, 1982
-6-
Perhaps the rncst sicnif iccnt sr.-:ci :l privilege whit!.-.
cant seeks is the ri5 ;t to construct three r,.ulti-stury par kinc
cjaC�CE: No such parking structures e}.ist in the ii„i--ec:-:.E
neicthi:.oncocd subject tc K-4 Di trict. T,;ey will radi<a1,1'
alter ti:e character of the ne'iCH'CrhCod, witi, n0
Grant of the variances reeuestea by the applic--nt wc,L.l�
clearly constitute such a special privilege and wou`16 se raci-
cally alter the imri.eCiate neighi;or:iGoU as to be cor.siu-'e:e: a
r;.e-=ns of su'bvertinc the lv4:ful i.oninc ordinances cf C:t1 c:
Ii i a iih l , r
III. Grant cf `_i,e recut.,sted variances is not the
m,init;,um action nece-sary to make possible a
rea,sor:able use cf tie land.
Applicant has made no effort wh;,:tsuever to esl: ,nlish th5t
tt-.e requested variances are the minirr.ur; necessary ir. orc._r tc
make possible a reasonable use ct itc property. To the cor.-
trry, the oricir.a1 master pla- n or ccnstructior, of sjnset
V i 11as, wh ich contemplated construction of 400 ccr,dcr..in iu-
Units or, tile applicant' as. property, %:as cons i(.sred a re5scnat le
use of the property. It is only t.".e inclusion of five acres cf
su:,mergec lane: for nurposes of ccr.,putiix density and =r-,'_i-
car,t's gluttonous desire to buila the unitc perms-:_ ed,
v,t,ich has 1eac. the applicant to sucyest tLa� tLey rust Le
allowed to build more than twice the nL;mber of units that was
contemplated originally in order to make a reasonable use of
the property.
IV. !'he v•ar iances will not to in harm(,ny Witt, ti.e
general intent of the zoning requirements and
will to in;;uricus to the
Very siii.p.ly, apclic:antIs requested variances ':ill perinit
applicant to place a 1.igi; cier.sity Ceve10pi;:rent with tiuiti-stc:v
parking garages in the miCdle of an already crowded cc:,,::inec:
mi(Jdle density residential and light ccvirercial neighbor-ocd,
In so doing, applicant seeks to construct residential buildings
and parking garages that will tct.er over and look into ac�acer.t
residential buildings.
The ir,p&ct on traffic flow, pas k i ng and other basic f -=c i l i-
ties in the neighborhoccl kill Yee extreme. ri'he owners, guests
anu visitor of the 440-units in Suncet Vill:,s Phase III-� lost
presently compete with each other for available on -street
0
M U I AI, NVALD .t I31 ON DO
f
Cit'Y cf ,Miami Zoning _taro:
April 19, 1982
Page -7-
c
i
r:`.%^+.�1.. �.�«.: s+Sa.. •.�c.. iri'triQ!tdY:KLriW'�►'
parkinu, will
not cr.1% receive nc relief
from tr.e efiect
of
this Board's
1976 4;aiver of Plat, they
will be force::
to
compete with
the visitors ant cuestc of
the 98G-urnitc to
be
constructed.
There is siriply no basis
for subjectin3 tt,is
neic};;,crl,00d
to this t%pe of in-ury r:hen
tl;E variances are
sr,
radically out
of harr,ony with tl:e c1eneral
intent of the zcnir.a
J
rc-eui,tions applicable.
V. Applicant should not be perriittec: a density
of 98G units on the subject property.
Ap_r.l ica:nt relies uperl the opini.orl of the City Zcr. inc
Department and Legal Department that the five acres of sut-
Irierge6 land-z %0-lic;i atc licant 04.rs may be lncluued for our- c£E£
of computing density. Applicant relies u: cn the opinlon Gi the
City Attorney dated Acr it 7, 1980 anu the cecision of the ;'it%
Commission in the P.`�.D. application for the Santa ,':aria
Prc-ect. Our client respectfully requests that the entire file
with respect to said application be incorporated in this .'I —
by reference.
Application of t: e pr itic iple t;hich perriits inclusion c.:
submerged lands for purposes of computing density to the �opli-
cant's property is improper. The five acres of sui.merged l;:ncs
which the City has permitted the applicant to include for l:ur-
poses of con.putina tensity are sub jest to a nonexclusive ease-
ment for the use and enjoyment of water rights in favor of our
client. Since as a matter of private law bet.;een the upplic r,t
and cur client, the applicant would be permitted to make no use
of the submergea land which is detrimental to our c1ientIs
easement Yights, it is clearly inappropriate for the Cite to
- prrtit the applicant to include those subreicec; lai;ds for pur-
poses of computing density.
CGI:CLUFI Ci]
Please accept cur apologies for the length of this letter.
We believe it sumrarizes the Lasic legal anG tactual objecticcr.s
which our client has to the requested variances. We will be
present at the pul;lic hearing on this riatter anti will Le
pleased to respond to any questions regaruir,g the above. Ir.
addition, if there are any questions as to the basis for any-
thinc, contained in this letter, we will be pleased to furnish
evidence- in support of all statements ccntainr_-c he -rein.
M U I?AJ, WALD &t 13I0N DO
� :!4M H:vu. �n..r�..}:..t_ �..�.a.•.. .rMre-.•'�.1^r�w..:...�..s _. A..di
�,.w.. � :� v?T-; s�:'.�T�ti .�•?a1... ayv+P.. •. y �—; -i. r�';ti►�,wv:.:vtN'�r`-GCtA:w'Rya.TN1..:.::.t.•ti�'.c(+'lOTtR:7i. v. �ryD' "7'
City of %]iami Zoning �card
April 19, 1982
Page -7-
parkinu, wi11
not only receive no relief
from the oftect
of
this Board's
1976 Waiver of Plat, they
will be forces
to
ccn.pete with
the visitors and cuests of
the 960-units tc
be
constructed.
There is simply no basis
for subjectinC, this
neicl:bcrLoed
to this type of in-:ur,r .hen
tt,e variances are
sr,
radically out
of harr,onv with the oeneral
r
intent of tlhe zcnin
recult-:tions applicable.
V. Applicant should not be perriitte(: a density
of 960 units on the subject property.
Applicant reties upon the apinic,<< of the City Zcnir.c
Department and Legal Department that the five acres of su�-
rLE;rg_c; land: %'.hicli applicant o`..n5 may be included for purrczeE
Of ccc.pLtinc density. Applicant relies upon the opinion of the
City Attorney dated April 7, 198G ar,c the decision of t.".e Cit%
Cc„mission in the ti.A.D. application for the Santa '•:aria
Prc-ect. our client reEpectfully reque:is that the entire file
with respect to said application be incorporated in this -f
Ly reference.
Applic_=':icn of the principle tihich peLmits inclusion cf
submerged lands for purposes of computing density to the :coli-
cant's property is improper. TI-e five acres of sLineryed l�r.cs
which, the City has permitted the aphlicatA to include for pur-
poses of computino density are subject tc a nci,-E�xclusive _ase-
ment for the use and enjoyment of water rights in favor of cur
client. Since as a natter of private law between the .appl icar.t
and our client, the applicant would be permitted to make no use
of the subr.ecgea lard ti.hich is detrimental *c our client's
easement lights, it is clearly inappropriate for the City to
f,err.,it the applicant to include those subr:eLgec, lards for l:Lr-
poses of computing density.
CGI:CIIUSIL �11Ir
Please accept our apologies fur the lenyth cf this letter.
Vie believe it sumr,arizes the basic lenal an(; factual ob-ecticr.s
which our client has to the requested variances. we will be
present at the puk;l:c he::rinq on this natter and wi11 Le
pleased to respond to any questions regaruing the above. :r.
addition, if there are any questions as to the basis fcr an..'-
thinc, contained in this letter, we will be pleased to furnish
evidence in support of ,all statements eontaineu herein.
M L' R_1I, NS-ALD .t I3I01 D0
.,.... •: v'r::s':'�f�r,•..:...a.,..r;rw:..• ��..;.;.,5'���riyWr4r.it�'�r=hL�i'4M!K
City of Miami Zoning Boars;
April 19, 1982
Page -8-
on behalf of our client, we wish to thank the Memters of
the Board for their careful consideration of our client's
ob-ections to the recueatec variances.
Very truly yours,
I
Joseph M.. Matt:;s
v
a1.1-01 : yn 1
1s0�c-
cc: Sunset Ville Conccminium
Association Phase III -A, Inc.
Caroline Weiss, Agent for Interccntinental
Properties, Inc., Construction
Management for Applicant
}I U RAI, NVALI) X. 1310N DO
a
7 sp
aw�
X..7 v 4e...is• 0)
6
Itt*tf
n7
'OPL.
I't
4b
o Im%wo
FK.41'r
c 9r4fj
j F3 -V
-V lL .R%N.
*.Ik jij
4;
J,
v
-1 •
* *�'.
4• ,
L
t.r,
jle6
<
"zo
IX'
I
ru
4
oe I " r-*!,S a glku-,;�_ .., -4:.;,
f, �, " q!104.
C,
5
Ir C Ir
.14
On
- C
.. , , ? 41 tjs e " 1. % x .11 -- - -�, 4,* " ?,
%
4.0
3.:;. :-Zia
46.
144
Af.•
"" qp
6y
C=t _.f
• y�' IF
•
t •f
i jr
Uzt
J'Nr
V7 u J
T.Z:
c 71 1�1
............ -v!
4 �J
v_
'tt, 'A2 L, • - N.
..I. - t 1 1 ..." -#Oo y, x et,
i.2
7G4*-
J,
In
:7
OL IW
_7:27 7
•
71( '.."A
11' C
31
4
'N
4:
Al "
A
,0.4f!,
f' 4AV� yef.ry 1 -1
4",
Vr
Al
1t •.7T_foFS
,raj• '.�+"����' j'�;;? ;� •f'1� i.':'
;'H`� 9r?i�ilirrz-•Yr_.i ,• ..•we e•'.. .r _a. ... - _ ... _ .._.. .•... - .. .. ...w:•m.-.}•Swr.....ry.�.a•w'e..��-.r-.,..��-v..e..• .
-flu
v 7
7 . .. . .
r: 47 r,0-
T • R OPIE , �"E'',T MILL RF. A RF.;;TAL CO,
THIS ?:AlEc �''TED DEV;LOc .,. ,•,• •"SITY
JACAROL BAY CLUB
WATER ORIENTED CO;,;•ILJ;;ITY
4861 7th STPEF.T, FLORIDA
WATER DEVELOPMENT WITHIN THE CODE
THE PROPOSED HEIGHT OF THE STRUCTURES ARE WITIIIII THE CODE
AND UNLI;•;ITED HEIGHT.
THE PROPOSED DENSITY IS WITHIN THE CODE.
THE OPEN SPACES ARE WITIII:1 THE CODE.
THE LANDSCAPING IS WITHIN THE CODE.
THE NUMBER OF UNITS IS WITHIN THE CODE.
THE NL',MREI2 OF PARKING SPACE'S IS WITHIN TIM CODE AND I`: EXCESS
OF 230.
THE LOT COVEPAGE BY THE BUILDINGS IS V"ITHIN TFE CODE.
ENVIRONMENT
THE PROJECT WILL HAVE THE BEST QUALITY CONSTRUCTION.
THIS PROJECT HAS BEEN CREATED WITH THE HIGHEST REGARD FOR
THE ENVIRONMENT; COMFORTABLE AND ESSENTIALLY FUNCTTnnAL t
IN A WATERFRONT SETTING. THIS PROJECT WILL SUIT THE NEEDS
OF THE CO,%LMUNITY: AND MFF'PS TtTF nAP TV T"r untrcTNln MhDVr.T
N-1F'iI7IFS
COVERED PAR'r:I2IG FOR 1449 CiA?S , WTTI1 LAZ-lD-CAPI;-'G ON EACII Lt %,7-'i,.
A 20 FOOT P7IDE PROMENADE MEANDERIIIG FOR MARE TITAN ONfi MILE
AROUND THE COMFORT CANAL AND PRIVATE LANE.
5 GARDEN AREAS WITH IiEAVY LEANDSCAPING FOR ENTERTAINMENT
AND RECREATIONAL NEEDS.
A 17,000 SQUARE FOOT, FOUR LEVEL„ CLUB HOUSE INCLUDING:
a. SEPARATE GYMNASIU?IS FOR MEN AND WOMEN
b . ENTERTAINMENT AND MEETI1,G AREAS
C. BANQUET FACILITY
d. RESTAURANT AND COCKTAIL LOUNGE.
THREE TENNIS COURTS.
HUGE POOL AND CABANA COMPLEX.
HEAVY SECURITY WITH A GUARD HOUSE.
HEAVY SECURITY FOR EACH RESIDENTIAL BUILDING.
EACH BUILDING IS INDEPENDENT OF THE OTHERS. EACH BUILDING
WILL HA'JE ITS 01-IN EMERGENCY GENERATOR, FIRE PUMP, AND
DOMESTIC WATER PUMP.
ALSO, EACH BUILDING HAS 12 MEETING ROOMS ON 12 OF THE 17
FLOORS. EACH IS EQUIPPED WITH A KITCHENETTE AND BATHR00M.
PROPOSED FOR THE PROJECT IS A FULL MARINA.
AVERAGE HOTEL R00MS ARE 826 FEET AND OUR UNITS AVERAGE 1,000
FEET.
Ai RT.`:E::TS IN
SINCE 1976, NO ,IE,d APART':E:IT HAVE BrE`i BUILT IN THE CITY
OF MIAMI. THE AVERAGE COND0,MINIUPd SELLS IN EXCESS OF
$100,000.00 WITHIN THE CITY. THERE ARE FEW, IF ANY, APART::ENTS
FOR RENT WITIiIN THE CITY FOR $300 to $500.
THIS MEANS THAT THE AVERAGE SINGLE ADULT OR YOUNG MARRIED
COUPLE :LUST FI:iD LIVING ACCO-MINIODATIONS OUTSIDE OF THE CITY.
THEY CANNOT AFFORD TO BUY CONDO:•9INIUMS AND CANNOT FIZND NICE
RE.:TALS THAT ARE :MODERATELY PRICED.
THE FEDERAL HO,*-?E LOAN BANX IS PROVIDING VIE MAJORITY OF
HOUSING FOR THE FAMILIES EARNING UNDER $25,000.00.
THE MORTGAGE MARKET RATES MAKE IT PROHIBITIVE FOR THE AVERAGE
COUPLE OR FAMILY IN THE MEDIAN INCOIME BRACKET TO QUALIFY FOR
A MORTGAGE.
INFORIKATION FROM THE DEPARTMENT OF HOUSING TELLS US THAT RIGHT
NOW THERE IS A WAITING LIST OF 28,000 PERSONS/FAMILIES WANTINNG
RENTAL HOUSING. THESE RANGE IN THE INCOME BRACKETS FROM:
a. SINGLE PERSON TO 2 PERSONS EARNING CAPACITY $14,850
b. " TO 3 PERSONS It 11$16,700
C. itTO 4 PERSONS It
it $18,550
d. go" TO 5 PERSONS $19,000
e. " " TO 6 PERSONS " " $20,850
THESE INCOMES ARE BASED ON 1976 STUDY WHICH REVIEWED WOULD
BRING US UP FROM $16,000 to $30,000.
— 5 —
THE HOUSING WE ARE PROVIDI:;G IS FOR I?;CC;•IE BP.e%C!,ET OF PF.RSO:;S/
FA:?ILIES OF $15,000 to $30,000.
FROM THE DEPART: -,ENT OF ROUSING IN JACKSONVILLE, THESE ARE THE
MCST CURRENT FIGURES AVAILABLE 18 MONTHS AGO IN RECITAL HOUSING
FOR IMMEDIATE DE.'•IAND TO BE ABSORBED WITHItd 12 MONTHS:
HIALEAH:
1 TO 2 PERSON FAMILIES 796 UNITS
1 TO 5 of 1141 U14ITS
CI^.Y OF MIAMI:
ELDERLY
PERSONS
3,421
UNITS
1 TO 2
PERSCN FAMILIES
10,181
UNITS —
FOR SMALL FAMILIES
1 TO 5
PERSCN FAMILIES
856
UNITS
— FOR LARGE FAMILIES
MIA MI BEACH:
ELEDERLY PERSONS
6,228
UNITS
1 TO 2
PERSON FAMILIES
1,374
UNITS
— SMALL FAMILIES
— TO 5
PERSON FAMILIES
41
UNITS
— LARGE FAMILIES
FOUR VARIANCES
1) HEIGHT OF PAR!',lNG STRUCTURES AND SETBACKS FOR PARKING
STRUCTURES (one variance)
HEIGHT
a. THE CODE SAYS PARKING STRUCTURES CAN BE NO HIGHER
THAN 12 FEET. THIS EFFECTIVELY LILMITS THE STRUCTURES TO A
TWO STORY PARKI2:G LOT.
b. WHAT WE HAVE PROPOSED, IS THREE PARKING STRUCTURES
ONE EIGHT STORIES OR 82.5 FEET; ONE FOUR STORIES OR 42.4 FEET;
AND THE THIRD, THREE STORIES OR 32.5 FEET.
C. HEAVY LANDSCAPING IS CALLED FOR ON EACH OF THE
PARKING LEVELS.
d. 7-,0 OF THE GARAGES ARE LOCATED AT THE REAR OF THE
BUILDIJIGS AND IS LOCATED AT THE REAR OF TIIE CLUBHOUSE.
e. NO VIEWS FROM ANY OF THE APARTMENTS WILL BE OBSTRUCTED
BY THE PRESENCE OF THESE GARAGES. THIS IS ALSO TRUE OF THE
ADJACENT PROPERTY, THE HALF MOON PARKING LOT AND SUNSET VILLAS
f. THIS PARKING WILL PROVIDE TWO PARKING SPACES PER UNIT
OWNER. WITH THIS AMPLE PARKING, THE NEEDS OF THE PERSONS LIVING
IN THE COMPLEX WILL BE MORE THAN EASILY MET NOW AND IN THE FUTURE;
AND WILL NOT BECOME OBSULETE.
g. THE FOURTH LEVEL OF THE SOUTH GARAGE (#1) WILL HAVE
THREE TENNIS COURTS. EVEN THIS FLOOR WILL BE LANDSCAPED.
h. THIS PROPOSED HEIGHT WILL GIVE THE PROJECT THE TOTAL
PARKING CAPACITY FOR 1,877 CARS, OF WHICH 1,449 'HILL BE COVERED.
SET BACKS
a. FOR GARAGE #1 (SOUTH) THE REQUESTED VARIANCE IS TEN
FEET. THE CODE REQUIRES A TWENTY FOOT SET BACK AND WE ARE
PROPOSING A TEN FOOT SET BACK.
- 7 -
b. FOR GARAGE t! 2 (;,;EST) THERE IS NO REQUESTED VARIAI:CE .
C. FOR GARAGE 43 (EAST) WE ARE PROPOSING ON THE EAST
N -.5 FOOT SETBACi:; ON THE NORTH A 12.8 FOOT SETBACK; AND
ON THE SOUTH A 12.8 FOOT SETBACK.
d. IN REVIEWING TIIIS REQUEST, THE ONLY ADJACENT PROPERTY
IS PARKING AND OPEN AREAS. IN THIS PROJECT TIiERE IS MORE THAN
ADEQUATE OPEN AREAS SO TIIIS ENCROACHMENT WILL NOT AFFECT TILE
OVERALL PLAN OF DEVELOPMENT.
e. THESE PARKING GARAGES :DILL IN NO WAY OBSTRUCT THE
VIEi9 OF THE CANAL, LAKE OR AIRPORT.
2) SET BACKS FROM OPEN SPACES
a. THE CODE CALLS FOR 42.5 FOOT SETBACKS.
b. WE ARE PROPOSING FOR BUILDINGS 1, 2, 3, 4, & TOWER 5
ONLY 20 FOOT SET BACKS OR A 30 FOOT SETBACK FROM THE SUB.,ERGED
BULKHEAD LINE OR 20 FOOT FROM THE UPLAND BOUNDARY LINE.
C. THIS IS A WATERFRONT DEVELOPMENT AND AS PROPOSED
THERE WILL BE AN UNOBSTRUCTED VIFW OVER THE WATER TO THE AIRPORT.
WITNESS: GABRIEL DE.IES - CERTIFIED AND REGISTERED SURVEYOR.
3) SETBACK FROM SIDE YARD
a. FOR BUILDING #5 WE ARE PROPOSING A 36 FOOT SETBACK
INSTEAD OF THE REQUIRED 81.5 FEET.
b. FOR BUILDING #7 WE ARE PROPOSING A 60 FOOT SETBACK
INSTEAD OF THE REQUIRED 81.5 FEET.
C. IIJ LOOKING AT THE ENTIRE PROJECT, TIIIS LAYOUT WAS
DEVISED TO USE THE PROPERTY IN THE SPACIOUS, BUT EFFECIENT
MANNER, AND THE BEST INTEREST OF THE TENANTS.
d. ALL BUILDINGS HAVE BEEN PLACED SO AS TO GIVE THE
BEST VIEW OF THE WATER AND THE AIRPORT. EACH 'SIDE OF THE
BUILDINGS HAVE AN EQUAL VIEW OF THE SURROUNDING ENVIRON?LENT.
- 9 -
4) FLOOR AREA r:, IO
a. THE COLE CULLS FOR 982 UNITS Oil THIS PROPERTY
AND TI1E PLANS CAL:, FOR 980 UNITS.
b. THE CODS CALLS FOR 822,526 SQUIRE FEET OF BUILDING
AND THESE PLANS CALL FOR 1,170,805 SQUARE FEET FOR THE SEVEN
APART;ENT BUILDI::GS AND 191180 SQUARE FEET FOR THE CLUB HOUSE.
C. UNDER THE LODE, EACH UNIT WOULD BE LIMITED TO 837
GROSS SQUARE FEET. GROSS SQUARE FEET INCLUDES COMIiION AREAS
INCLUDING CORRIDO ES, ELEVATORS, STAIRS, LAUNDRY ROOMS, STORAGE
AND MAINTENANCE RCO"MS, PHONE ROOMS, U.S. POSTAL FACILITY, MACHINE
ROOMS, METER ROOMS, AND MEETING ROOMS.
d. UNDER CODE THE AVERAGE NET SQUARE FOOTAGE WOULD
BE 521 SQ . FT. L IH I S WOULD BE HARDLY LARGER THAN A MOTEL ROOM.
THIS SIZE WOULD NOT SLIT THE NEEDS OF THE CO.L%IU::ITY.
e. UNDER T E PROPOSAL, THE AVERAGE UNIT SIZE WOULD BE
1001 SQUARE FEET.
f . THE COrE DOES ivOT, I14 THIS CASE, COMPLY WITH THE
NEEDS OF THE COWL:,' NI T Y .
9. THE LAND COVERAGE AS PROPOSED IS 75,985 SQUARE FEET
OR 10.16%. THE CODE would ALLOW 104,685 SQUARE FEET OF BUILDINGS
14%.
h. THE OPEN SPACES AS PROPOSED IS 398,551 SQUARE FEET
or 53.30% OF THE TOTAL PROJECT. THE CODE ONLY REQUIRES 40%
OF THE PROJECT. 1340 MORE OPEN.
mm
CLOS I`:G ARGUME':T
THIS PROJECT IS LUXURY WATERFRONT RENTAL COi-U-lUNITY .
THIS AREA ALWAYS WAS A C2-R4-R5 AND UP TO A YEAR AGO
THIS PROPERTY WOULD NOT HAVE REQUIRED ANY VARIANCES FROM WHAT
WE ARE PRESENTLY DOING.
THE DEVELOPMENT OF THIS PROPERTY WILL INCREASE PROPERTY
TAXES BY APPROXIMATELY $1,509,000.00 BASED ON TODAY'S MILLAGE
AND $280,000.00 IN PERSONAL PROPERTY TAXES.
THE JOINT DEVELOPMENT OF THE BLUE LAGOON PARK WILL ENHANCE
THE COMPLETE NEIGHBORHOOD AND UPGRADE THE REAL ESTATE VALUES
ON N.W. 7TH STREET.
THE HIGHRISE MEGA STRUCTURE WILL UPGRADE THE VALUES OF THE
REAL ESTATE AND IMEET A DEMAND THAT IS CRUTIAL IN THE CITY OF
MIAN.I .
THE DEVELOPMENT IS WITHIN ACCESS OF BUS TRANSPORTATION AND
SECONDS AWAY FROM THE EAST/WEST EXPRESSWAY.
THE DETAILED PEDESTRIAN PROMANADE FROM BLUE LAGOON PARK
TO THE DEVELOPMENT CREATE AMBIANCE, STYLE AND GRACE FOR EVERYONE
LIVING IN THE NEIGHBORHOOD.
THIS DEVELOPMENT AND ITS IMPACT ON THE NEIGHBORHOOD CAN
ONLY BE REALIZED THROUGH GREATER VALUES FOR EXISTING APARTMENTS
AND CONDOMINIUMS IN THE NEIGHBORHOOD.
AS WE ALL KNOW, PARKING STRUCTUREIN DADE COUNTY OVER 12
FEET IN HEIGHT REQUIRES A VARIANCE AND THE ALTERNATIVE, IF WE
DID NOT HAVE THE PARKING STRUCTURE IS TO TAKE THE 12 ACRES AND
SPREAD TWO LEVELS OF PARKING FACILITIES BELOW THE BUILDINGS,
WHICH MOULD BE CONSIDERED UNDERGROUND PARKING. WE ARE ALL
AWARE OF THE UNEASINESS IN PARKING UNDERGROUND. BY CREATING
PARKING STRUCTURES, WE HAVE GIVEN OVER 810 OF OPEN AIR LAND-
SCAPING AREAS.
THE OBJECTIVENESS OF THE DEVELOPMENT PRIMARILY IS TO
MEET A CRUTIAL DE:•lAND FOR PEOPLE LIVING IN DADE COUNTY AREA
— 10 —
AND ZMORE SO IN THE CITY OF MIA:dI. THERE IS NO EGO DEVELOPING
TIIIS PROJECT. THE DEVELOP:•IENT OF TIIIS PROJECT COST TIL" E AND
MONEY. TIIIS PROJECT IS WILL PLANNED, AS WE CAN SEE FROM THE
PRELIMINARY RENDERINGS TO THE PRESENT ONE.
TO THE NEST OF THE PROJECT TIIERE IS ALREADY 12 STORY
BUILDINGS.
..ram,..... v.... ;„}.y��......�...i;.•+tr...-� w ..'.'tri>!7�:.iG4r+r:lrYt'i
6 •4'd
R013ERTO S. VICH, A..l.A., A.R.A.
a r• c h I t a c t s & p t a n n a r s
March 19, 1982
S=set Villas Phase III Assn., Inc.
4801 N.W. iTH Street -Club House
Miami, Florida 33126
Attm: Board of Directors
Re: Presentation of Jacarol Bay Club
Gentlemen:
This letter is to accept and confirm our attendance to the Board
of Directors Meeting on Lmarch 25th, 1982 at 8:00 P.M. in the Club
House.
Thank you for the opportunity to present our project to you.
Sincerely,
Rcterto S. Vich A. I. A.
RS'V/rm
701 s w. 271n avenue b0: 1000 miami, forida 33135
su-1e 1050 P^one• 1-305-545•0654
1-nU1�5-5
Cron All) C �41 T A,,T
t? eou)&V 0 F 4-� t ck/6 -L of T�L C-i Z C-z 't,
February 24, 1982
Mr. Carl Kern
Director
' 1!., ". "
City of Miami Department of.Parks
2600 S. Bayshore Drive
Miami, Florida 33133
Re: Blue Lagoon Park
Dear Mr. Kern:
I would like- to!:advis6.you that after meetings,
investigations and inipecti6n'of-,the proposed Blue Lagoon
Park site, we would;like'to, commit to you, on behalf of
the owner, Central Bank an'd::Trust Coriipany, Trustee, and
through our agency contract for Construction Management,
that they have authorized me to -commit on their behalf,
that we shall undertake'the' .rehab and :construction of a
clubhouse concession'-buildinq...pnt--behalf-o.f-the City of
Miami Department of'Parks- *
This commitment.ofi behdlf `617-ntra Bank and- Trust
Bank
begi V11 the,.
e BlbpMeht Df...Jacaro1,Bdy..Club.*1wa-
supply' u— immediately We-, would. I.ike" -you -to- pp y, us 3-mated with th
-ihd..as biiilt -drawing 'ref lecting--t e ii .-prpsent. stru6-,,.
survey.
3. e -at, the, sit
A
turg. A .
j
Lookingforward rw" -a'-r d t 6 -w o . rking_t6gether.:
• Sincerely,
CAROLINE WEISS
CW: 1C
C.C. Central Bank & Trust Company
Sales* Managementill Leasing by INTERCONTINENTAL PROPERTIES INC. Box No =(% 70. S.W. 27th Avenue Miarni, Florida 33135
POKER Ov ATTOP%EY
l
PAMCO FORM 113
L I I T E D
ley
a s
't
Know ;ill TIen By These !)resents
That CE:+MI AL FyWK & TRUST CCi•:PANY, as Trustee under Land Trust No. 80-LT-123-1588
and not individually,
has - made, constituted and appointed, and by Ihrse prescnls do es make, constitute and ap-
point aV,,OLINTE �CEISS, as President of Ii 1ERCGZNTIM',TLM, PROPERTIES, INC. true and
lawful attorney for it and in its name, place and stead for the
LL,1ITED purpose of filing any and all necessary plans or doc=nents with regard to
the property in the attached Exhibit for the purpose of obtaining a variance frcm
the City of Miami or other appropriate Govarnmental Agency. No personal liability
of any kind whatsoever shall be attributed to said Trustee.
It is expressly understood and agreed by and beta.een the parties hereto, anything
herein to the contrar_; not,:ithstanding, that each and all of the representaticns,
warranties, covenants, undertakings and agreements herein rnade on the part of the
Trustee while in form purporting to be representaticns, warranties, covenants, under-
takings and agreements of said Trustee are nevertheless each and every one of them,
made and intended not as personal representations, warranties, covenants, (ccnt'd ove
giving and granting unto Ce'1OLI?E t:EISS, its said attorney full power
and authority to do and perform all and every act and thing whatsoever requisite and necessary to
be dolre in and about the premises as fully, to all intents and purposes, as it might or could do
if personally present, with full power of substitution and revucclion, hereby ratifying and confirm-
ing all that CAROLINE �',EISS, its said attorney or
her substitute shall lawfully do or cause to be done by virtue hereof.
In lWitness 7Whered, I
seal the 16 th
have hereunto set my
day of November
hand and
, in the year one thousand nine
hundred and eighty-one.
CENTRAL BANK & TRUST C0;1PAINY, as Trustee
Sealed and delivered in the presence of as aforesaid a not indi idually.
Y—:..
n
. B .... ........---- .................. (L. S.)
.....-
10 ......................................
NE ON R.r MIRE ,
`V,ce President and rt Officer
............... ..............................
Dtnte % FLORIDA
COUnty Of DADE
17e it s`nOwn, That on the 16 th
thousand nine hundred and Eighty-one
SS.
day of November one
, before me, Susana Madan
a Notary Public in and for the State of Florida, at large
duty commissioned and sworn, dwelling in the County of Dade
Office.-
personally came and appeared NELSON R71J,IIREZ as Vice President & Trust / to me personally
known, and known to me to be the same person described in and who executed the within power
of attorney, and he urknowledged the within power of attorney to be the act
and deed.,as Vice Pre:7iurnt of Central Bank and Trust Company of Miami.
In Testimony Mead, t have hereunto subscribed mq name and affixed my seal of office
the day and year last above written. e <<0'-e � /;�K�rL-t
NOTARY PUBLIC
Y COfIMISSION EXPIRES:
(cont'n fro-: overleaf)
undertzikinas and agre-inents by the Trustee or for the purpose or with the intention of
binding said-: Trustee personally but are made and intended for the purpose of binding
only that per`._i.cn of the trust property specifically described herein, and this instru-
ment is execut-ed and delivered by said Trustee not in its or.-n right, but solely in the
e%:ercise of 1 e pc%cers conferred upon it as such Trustee; and that personal liability
and that personal resxnsibility is assuried by nor shall at any tine be asserted or
enforcible acainst the Central BanI; and Trust Company any of the beneficiaries uncer
said Trust Agre�-^.ent, on account of this instn.mient or on account of an,.,, representation,
warrant_, covenant, undertaking or agreement of the said Trustee, whether or not in
this instn.^ient contained, either e--pressed or inplied, all such personal liability, if
any, being e-pressly waived and released.
r1
M
o
o
U
p
„�►
f
y
cW
0
...,. ..... ... ... ,.•.. ,... ... .— .• ..._ .r.: a� .... . �::c..�:...6.•R.��..�.���w,Grtiirf�•Grl�fchf5lC•Aks"Wi!!:;•r;^�.:..•r; M:�ti'p� :H:;�,,�.e�.•�, •r�i+r clfWiMj(:wv:�w��'
o •
a
i
(h,ruunt
1701) \.N'• i 1I•
Nliatni. FIa. 331-'b
uLA..
.LA j=Z), i
Address:
Nare:
M JACAF BAY C I LB
Gentlemen:
We, the surrcl.nding and / or adj amnt prcoer t•: or tenants
at or near aFpro.xinatly 4865 7th Street, Mani join in
corrend and agree that the Froject .:ould be a ->?=it to the
neirhorhood. And do hereby age with the pr -t d variances
now before T:.e City of Mi a>ri P huinir g and ""ming 3cards.
Pespect ful ly J
:�M�%��iNiC3D.:A�sy^`r-t�.x.eCA;f�I•w..r'•i..•.�.. w- •- - -. .. .a - -. .,-.. .. ... �. ....
448-5615
UNISEX j
Al"t
,,Ocean Man"
( �t 4700 N.W 7th St.. Suite 6
�Jllanafito Miami. FI, 33126 I
LU.Dr lA--.7J
Address:
Narm :
January
1982
RE : JACAMIL, BAY CLUB
Gentlemen:
we, the surroLmding and / or ad;ace_.t property cwners or tenants
at or near appro:cimatly 4865 it. Street, Mir i join in
cend and agree that the proje. w�
ould be a be. ommit to the
neirborhood. And do hereby acz�a with the prc..x,--� �arianc(,s
now before The City of Miami P1-_.i-^g arO- Zoning Boards.
Respectfully
TEL. 4-44-9909
JEWELRY
WA I'C 11 AN DJEWE LRY R EllA IR
%%'.%Lrl-*R PONCE 47-50 XAV. 7 sl'.. SI-ITE 1,
11%%\1 k MIAMI. FLORIDA 3312.6
Address:
Nam:
January 1982
M: JACAPOL BAY CLUB
Gentlemen:
We, the surroLmding and / or 3d-zamr-t prcip-.- -%.-,ers or tenants
at or near approxiratly 4865 nth Street, Mix--i join in
mr, mnd and agree that the would be a to the
neirborhood. And do hereby with the prccc-sed variances
now before The City of mi=i Plar=img and -nLrq Boards.
Pesi:ectfully
...t.v.JYt1..�:..t�~'•.<Mlokk^e":Nt'!,�: yYt �tivw+...,...�:..s^r .✓... .. .+�.rax�-4... rw w:.-...�.._..r:.u... ,i y-.e++m.-....sl.i' ..�vl.,K<V�.�.r.. ... .., ... ....... .... �.. _. ..� ...�.."..1+.
MOVIE CLUB
n
�— VHS • BETA
KING VIDEO STORE, INC.
4700 N W 7 STPEET No 10
MIAMI FLORIDA 33125
JULIO RODR!GUEZ
TEL. 444.7752 MIGUEL OUINONES
Address:
Na;1e :
January 1982
RE: JACAFLIL BAY C LLB
Gent lerien : -
We, t`n surrounding and % cr adjacent proper'--,,.- --Ni::ers or tenants
at or near apprcxiratl:, 4S65 :1.W. 7th Street, ?i a:--.i join in
eommnd and agree that tz project would be a to the
neirt.orhood. And do hereby agree with the pra-cs,—d variances
naa before The City of ?Lari Planning and Ze^_..-�= Boards.
Respectfully
Business:
Address:
Nare:
Jan ar,, 1982
��,:• 'Y-. ✓: ..•r:•:r+:..l��. ,.�...: a•+v.. �7;^, :�...p;•:y:.:, t.u-:r bG.s.r.•R•u..T'M..�,..L�'K'•"cf�'Mkk�!i.Vl •kKi!'4�MY•W.v.•w�•r
SUNSET VILLAS CLEANERS
4750o M.W. 7TH STREET
MtAN% i LCRIDA 33123
IMU (3C8) 443-3813
RE : JACAPOL BAY CLUB
Gentlemn :
47e, t':e surrounding and / or ad; avant proper-t:• zzunexs or tenants
at or near approximatly 4865 N.W. 7 th Street, Mi i join in
oommnd and agree that the pro act_ ,.auld be a to the
nei rborhood . And do hereby ag:'ee. a -th ti-:e :: cxc_s,-_-Z variances
now Le`ore The City of Miami Plr:n .g and Zc= q Boards
i�espectful1
mow: �',•--•.-isw.j}.C:-;�•:�ti4�M'�r.1l�I'iwv.l.�y..F:_a. ✓aa:>.a.�.•�-i-...� ... .. - .. .> �• r ... �-.. .. .� ... � ... �-
I
V
b &EXCLUSrIE LADIES FASHIONS
4549 :VEST 12th AVENUE
HIAL EAH, FLCRIDA 33012
(3051821.2591
D UMA.I tC55
Address:
Nam:
4750 N 'N 7th STREET
MIAMI• FLOPSA 33125
(3051 443- 3 334
Janua_r; 1982
RE : JAC FOL BAY CLUB
Gentleren.
we, the surrounding and / cr ay: -gent prcS>e -.-ers or tenants
at or rear approxinatly 4865 N.W. 't.h St_ =. � =i join in
correrd and agree that the —would :.e to the
nei rborhood . And do hereby a - tZ t'-x- rzz variances
now be fore The City of Mix i ::__.:^.g and ::s_-c _Bo rds .
I �
Respectfully
. _ .. .. .. � 1. .. - _ •,_ ... ... .. � .�' .-. -'•.X. .. ....-,.
'.�..... r; t• r;.+°^'.a.c.•.�M�.:.r+a... �...; •: sir.+i+kt:.it4Y'.+'.LCe �trR4M-:E+►..:antA�w:;c�litiA`i'T,05'!�
1
\�\ 4 I
442-0255
4750 N.W. 7 ST•
H FERRO Miami, Fla. 33125 I
C FERRO
Address:
Nare :
January 1982
RE: JACAML BAY CLUB
Gentleren:
We, the surro=.ding and / c= s:_ aaa-nt prcipe—rty cz.::exs or tenants
at or near approximatly 48E= N.W. 7th Street, Mi=- .i join in
oamrend and agree that the _ _ = e. _ ,,.culd be a be.ne f it to the
neirborhood. And do hereby =e`= ,.ith the prcoct-sed variances
now before The City of L%Ii x i ary-I Zcning Boards.
Respectfully
�I
The bank is not the owner of the property. The bank merely
holds the property in trust for the beneficial owners of the
property. But the Central Bank does not own that property. It's
just like many banks hold a trust, a blind land trust for the
beneficial owners of the property.
Mr. Alfonso: That's a different proposition. I want to
hear- from the ...
Mr. Percy: That's pretty much what I ruled, Mr. Chair-
man. That the bank, as a trustee for the owners, is in fact the
legal owner for purposes of this application; through a mechanism
called a blind trust. There are beneficiaries who own this pro-
perty, who do not wish to be identified. And for legal purposes
the bank is the owner of record. The bank is the applicant this
evening, and Intercontinental Properties is the agent, or have
the power of attorney from the bank to act on their behalf.
Mr. Weiss: That is correct, up to the point that you
have just outlined it. However, the bank itself, as an entity
doing business does not own that property.
Mr. Percy: You're correct, sir.
Mr. Freixas: All I want, Mr. Chairman, is to be clear that I.conduct
business with the Central Bank. That we are in the process of
negotiation . And being clear in the mind of everybody that the
bank does not own the property. And whatever ruling we have here
today will not benefit the bank one way or another, I'll sit. If
the attorney rules differently, I'll just get up and -leave right
now.
Mr. Percy: No, Mr. Freixas. In addition to disclosing
this on the record, you and Mr. Alfonso have to make a determin-
ation as to whether or not you can sit impartially with the
relationships that you have with the bank. We recognize that the
bank is merely acting as a trustee. But that determination has
to be made by you. And I think that 50,'o of the test has been met
the disclosure. And it's up to you gentlemen to decide*wether
or not you can sit impartially.
Mr. Freixas: Well, I have not quarrels with that. I
just want it in the o pe n because one thing is what I think and
one thing is what the Herald thinks.
Mr. Alfonso: Well, I understand now the position of the
bank. The bank in only holding as trustee for someone else. He
is not the owner. There is no way that he is going to benefit. I
don't think that its going to be affected, so I'm going to stay.
Go ahead Madam.
Ms. Weissenborn: The litigation - I know that this has
been deferred before - the litigation that I think that you are
going to hear about later on has basically been terminated. Again
we have to understand that this piece of property is not involved
with any ownership at all from Mr. and Mrs. Weiss; which is part
of the problem with some of these objectors here tonight. They
believe that the Weisses have been involved in this property, and
they're not.
There is a hardship here. We have to remember the
economic time have gotten drastic as far as the land use and the
construction costs and the ability tobe ableto use your land -
which is one of the reasons why we have requested this variance.
We have actually a total of some 20 acres. We are going to only utilize 17
because there have been some of that acreage, j acres to be exact,
in litigation in the Appellate Courts; based upon Sunset Villas
and another land company that again has nothing to do with appli-
-'j- April 19, 1982 Item 1
Zoning Board
cation; and that's over an access easem,3nt to the Sunset Villas
property. But, we are only utilisin,; in this particular, plan 17
acres that we own. So 3 acres we have dropped Off; 5 of the acres
we admit are submergered lands, but we believe - we've been payin:;
taxes; if anybody needs to see it, we've got our tax bills to show
we've been paying taxes on it.
The letter that has been rieliver(A to vou, which is briefly -
reading it myself - some of the things we believe are not truly
what have been stated. And that one aspect of this letter is that
we have said that we are going* to build a first-class condominium
project. That is not so. We are going to rental housing. The
application has said that it is going to be for rental. We intend
to keep it for rental, as far as building; of this place is concerned.
As to what the variances are, I am going to turn it over
to Mr. Vich and Mrs. Weiss. If there should be anv legal problems that they have
based upon these litigations, I'll be here to answer any questions.
Ms. Weiss: For the record, my name is Carolyn Weiss,
president of Intercontinental Properties, agent with the beneficial
owner that is here today.
I would like to clear for the record on my opening state-
ment, that the property does have serer facilities; which is already
on record and is recorded, which was bought from Intercontinental
Engineering. And this was done in December 20th of 1979. So there
is sewer facilities directly on N.'.J. 7th Street, on the north side
of the street. Also, when the property was purchased, there has
been fee title to the property for the water and for the upland,
which we have pavin- taxes on behalf the owners since 1979. Today
I had my hearing for the taxes for the year 1981, which also reflect
that the water facilities together with the upland is part and
parcel of the property. And under the City Code, if you have title
to submerged land, that is your property which can be used to cal-
culate your floor area ratio.
Central Bank and Trust Company, which records show in
1980, September, that they are the trustee and that the beneficial
owner is part of, again,the public record.
The litigation that Mr. Matthews have made a cloud on
does not really affect the Weisses or the present owner. There is
no existing litigation with the present developers, that is develop-
ing this property. Mr. Matthew, on behalf of the association,
started a lawsuit long before the property was bought; and that's
prior to 1979. And his litigation hearing was already heard, and
it is on appeal. The owners, the Weisses, when they acquired the
property in December of '79, and then thereafter sold it in
September of 1980, became a part to it merely by accident because
they acquired the property, but not because they have been part
and parcel of an existing lawsuit. The lawsuit that Mr. Matthews
is talking about was started approximately two years before the
property was bought in'December of '79.
Mr. Matthews has another lawsuit which went against the
lenders. And that lawsuit was recently settled in excess of
$400,000.00, which is the first payment for a controversy that he
claims that he has for parking that was not given to the association
at the time when the development was made. I have here for the
record, just for information purposes, the abstract that was given
to the condominium owners at the time of purchase; which reflects
everything that they received at that time. Also there is another
instrument that I have which reflects the controversy that the
Sunset Villas Association may have that, on a clubhouse facility,
they were supposed to become members just like any and all persons
• -8- April 19, 1982 Item 1
Zoning Board
outside of the general public.
Also, Mr. Mathews have made allegation into his letter
that this is a condominum project. I have; here a study to show
that this is a rental project, has always been a rental project.
And a study which was made reflect that this is a rental project,
which I would like to submit for the record. _
I would like to start discussing the project itself
rather than rehashinc- what has taken place for ill reasons or
people who that have been unhappy for other reasons than not what
we are really here to discuss today. This property is within the
density of the City of Miami. We are not asking for a higher
density than we are supposed to have. We are within the open
space requirement, and much more than the City of Miami require.
We are within the landscaping by almost 20°o more than the City of
Miami require. The number of units is within the requirement.
The number of parking facility is within the requirement.
Ofcourse we do realize that the Code that has been written, and
based on what we are going, has been written over 20 years ago.
Now, we all know that this is an affluent society, that even a
married couple has two cars. If we were to build a project based
on today's Code, then the project is already obsolete. We hear
about disagreements in condominums and in rentals that there's not
enough parking facility, because under the Code for a large project
you are averaging approximately 1.75 parking spaces per apartment.
And that is not sufficient under the Code. So therefore, we are
going above the Code requirement, not because we are going to gain,
but to make the project much more comfortable for everyone that's
going to live there; together to allow some room for visitor's
right that they would ccr:e there to the project.
The lot coverage of the land itself, by buildings and by
parking structure, on the overall property is exactly 19g�. We
have 81�, open space area in this complete complex.
This project is a water oriented community. Yes, the
reason it has not been developed because alot of problems with the
server. The owners that took the property, back then they didn't
know that sewer existed. Sewer has been existed because we our-
self, the Weisses, on the Intercontinental Engineering developed
that server line that goes from 43rd Avenue and NW 9th Street to
7th Street and 57th Avenue. That line was developed in 1969, and
all the property on N;! 7th Street has been cutting in from that
line that we own. So the sewer line - we always had it, it always
existed - and what Sunset Villas is using is the sewer line that
we ourself have built in the area.
This project is a water oriented community in the heart
of the City of Miami. We all know the problems of gas, we all
know the problems of transportation. And I would have to say that
this is one of the few projects in the City of Miami that would
still be within the means of the medium income bracket in the
City of Miami. You have the complete transportation by busses.
You have the egress and access to 836 highway. You can get to
work wherever you want without traveling 19 to 25 miles in south-
west Dade. Why not? The property was bought right. And why
shouldn't we provide a gap that presently exists in the market for
the people that earning between $15,000 to $30,000 a year. Because
these will be apartments that will be rented from approximately
$400.00 to $750.00, which the study would reflect.
And, we are providing housing that is here that is
needed in the market. Today we checked with HUD, and we found out
that there is 28,000 persons/families on a waiting list to get
rental housing. We also spoke with Jacksonville, and Jacksonville
reflects the complete need that in the City of Miami there is a
-9- April 19, 1982 Item 1
Zoning Board
demand immediately, to be absorbed within 12 months, in excess of
12,000 units. So we are not here because somebody has an ego to
develope something. We feel that we are filling; a need in the
Community. And the only way that you can provide hoiloing, at the
medium income price is to be able to have more units so your —
management costs goes down. Present, management reflects that it's
in excess of 40;'a of the gross income. The more units you have,
the lower your management is.
As far as the amenities, there will be a 17,000 club- _
house facility which will belong to the development; also people
who may want to become members at $50.00 a year. This we did back —
in 1973, and we are still going to continue the same program that
we offered then on behalf of the developers to offer it to the
general public, who is not in a position to become a member of a —
country club or a tennis club. And here we are going to provide
this at $50.00 a year, because by having that many units we are in
a position to do it. There will be tennis courts, gymnansium fa-
cility, meeting area, banquet areas, resturant and cocktail lounge.
This will be a heavily secured building. And each building will have
approximately 12 meeting and entertaining areas, since each building
does not have an independent recreation area. We felt, if we were
to provide for each floor a meeting room, that would make the
community much closer together and they could relate much more with
project rather to make them transend from one location to another.
In 1976, I will have to say that was the last of the left-
over of condominum and apartment bu-ildirv--s that have been built for the
medium income. Right now, if you had to buy a condominum in the
City of Miami, you would have to pay over $100,000.00. The average
person can't afford it. You'd have to earn in excess of $60 to
$75,000.00 to afford it at today's interest rate.
The demand for the 28,000 that is waiting on the waiting
list with HUD, makes up the following: People in the $14,850.00
income bracket, one person; 2 to 3 persons $16,000.00; 4 persons
$18-20,000.00; 5 persons $19,000.00. These are public figures with
the housing division. What we are providing here is for the housing
market to meet the needs in City of Miami $*15-30,000.00. The City
of Hialeah itself right now is short of aDDroxL-,3tely 1,000 units and 41 units
for the elderly. The City of Miami, for immediate absorption,
12,000 units for the young family of lto 2;and for the elderly, 3,421;
andlto5families, 856. In Miami Beach, the gap is even greater
for the elderly; and for the young person, even there it's growing -
it's 1.374.
The four variances we are asking - now technically speaking
.under the new Code, where this project is in excess'of 400 units,
we would not need a variance but we felt that we would like to
start with this project as quickly as possible. Because under the
new Code, if you have 400 units or more, you make your presentation
on the planned development. Now we come here to give the housing
that the market needs, and we are not going with buildings in
perimeters bigger than -what is existing. Right the adjacent
building has exact dimensions in width and length. Yes, we are
going 17 stories. Yet, the only way that we could go to 17 stories,
is to be able to provide the medium income in the City of Miami.
Otherwise it couldn't be done from a management point of view.
I'm going to allow Mr. Roberto Vich to give exactly by
describing right there on the scale model, which we will be able
to see exactly where we are requiring those variances. And these
variances would have been required. Three of them are for the
parking structures. In the City of Miami, any parking structure
in excess of 12' requires a variance. So regardless what parking
structure, if we did not do the parking structure that we have
here, what we would have here to do is to take the complete 12
acres and make it 2 floor parking, raise the building and come up
-10- April 19, 1982 Item 1
Zoning Board
with it. We all know hcw everybody feel, especially women, about
parkins on the ground. So now we're going to a cost to make a
parkin; structure above ground, so everybody can be comfortable in
the open air. And we are beinE; criticized for it.
I think Mr. Whipple has not been completely fair because
this project - in design, in quality - will be exactly what is on
Brickell Avenue. The only difference is the address, because if
this project was on Brickell Avenue, no one would be able to
afford it except if you're earning over $100,000.00. This is a
project that the community needs right now.
The floor area ratio - Mr. Campbell said we're in excess
of 400,000 square feet. That's not correct because we have made
modifications, we have reduced verandas, we have did a lot. We
are required under the Code 822,526. And what we have is 1,000,170,
which makes it approximately 340,000 more than the Code. If we
were to divide this by 7 buildings, the figure is completely
insignificant. So, therefore, for a project of almost a thousand
units, - 976 units, and under the Code we are allowed 982 units.
Again, we are not going over what the Code requires. Yes, we are -
going over the floor area, but this is something that we have to
do in order to make this project feasible.
I don't want to go into economics, because as it is this project
will require a minimum of $5,000,000.00 in equity to get it off
the ground. This is not a condominium that you can go to the bank
and get the complete money on it; and make a quick buck and get
the hell out. This is not the case here. This is a project that
to get off the ground it's going to require $5,000,000.00; there's
an excess of $3,0M,000.00in equity already in this project. And before
construction can start, an additional $2,000,000 in equity is going
to go into this project to get it off the ground.
Now, we talk about if we were to reduce the amount of
units, and therefore we would be within the Code. That's great.
But if we were to do that then would be building hotel rooms.
Because every unit here at this project is approximately 1,000
square feet; which includes your stair, includes your meter rooms,
your machine rooms, your laundry rooms, your mechanical rooms,
your corridors - 1,000 square feet. The average hotel, right now
that we have seen being built downtown Miami, is averaging 826
square feet for a hotel room, for corridors, stairwells and
mechanicals. So, therefore, it's not a question of reducing the
the amount of units that you have because, if we reduce the units,
then we would be building hotel rooms. And this is*not the case
here. I don't think we think that we need hotel rooms in the City
of Miami for the medium income, we need apartments that someone can
live in and be comfortable.
As I said, we are covering approximately 10.16°o of the
total land with buildings; and if you are to include the parking
structures; we are covering a total of 180,1. of the land that we are
reflecting and showing here. So, therefore, 81 is open area.
And we are not talking about parking; we're talking about open area.
81% of open area.
We also have made a commitment to the Parks Department.
And the reason we did this for the Parks Department, not because
we want to be able to show that we are making a swap, but we did it
for selfish reasons. And the selfish reasons is this: The park,
Blue Lagoon in Miami - it's a very ugly sight. There are drunks,
people that should not be sitting there, the trees are all broken
down, the building is broken down. So I went and say Mr. Carl Kern
at the Parks Department, and I said "you know, since our property
continues with your property to the park, where we would have a
complete continuous promenade, I would like to enhance your park
-11- April 19, 1982 Item 2
Zoning Board
so that it could become a people - and made so that people could
enjoy it." Because I felt that if we are going; to build a struc-
ture like we are doin here, then we will need everything else on
that str(?et so that it can be upgrade. Because, if we have a park
there that is not completely upgraded, then one is contridictory
with the environment that is there. So I made a commitment to
Mr. Carl Kern, and I told him that we would be more than happy to
develop the park and do the best that we can. We already have
the surveys. We're already making plans. And the first phase of
that development, concurrently with the first building to the west
because that is where we hope to start - will be the clubhouse so
it can be used immediately.
Let's talk about the revenue to the City for a moment.
These buildings, when it's completely finished, will generate in
taxes, based on todays millage - based on today's costs - approxi-
mately $1,509,000.00. In personal property taxes, it will generate
$2$0,000.00. I don't think is so bad. The City could use the
money, and I know that we could all use it to keep the City going
Right now, according to Alvah Chapman - and the report is supposed
to be coming out within the next week of so - that the City of
Miami - Merritt Sterham will be coming out with the report - we
are going to be having a short fall in the income of approximately
$80,000,000.00. So not only that the property taxes millege is
going to go up, but also the values is going to be going up by
20,'o. So, therefore, my 1 million 5, you can add another 20,10 to it, and
that's what we are talking.
This project will be developed over a three year, with
two buildings immediately and six months apart one building. It
will generate income for the construction workers that is hurting
very badly right now, and development that is badly needed in the
City of Miami.
Again, when this property was bought in December 20 of
1979, this property was zoned C-2, R-4, R-5. Under those calcu-
lations, we don't need a variance. We did not-, need a variance and when we
were passing the plans through the Zoning Department, they say "Oh,
by the way, the new sheets are not out yet and we would like to
give them to you." I said "what sheets you talking about." "Oh,
there has been a change in the zoning. That change onlytook place a year
and a half. So up to a year and a half ago11 2.years-you could build this
project without a variance from anyone because the floor area ratio
exists and still should exist. And we don't understand why that, par-
ticular property has been changed.
Directly adjacent to the west of this project, there are
already 12 story buildings. This project is not in the flight
pattern in the City of Miami; and we have aerial pictures which we
railed to bring.
When we started going to the Planning Division, we started
(inaudible - away from microphone)...
Mr. Alfonso: Please talk to the mike.
Ms. Weiss: Roberto Vich, could you please point out - I would like Mr.
Roberto Vich to point out to the project. When We started meeting
with the Planning Department, this was our first drawing - the
rendering - and Mr. Whipple's first letter was based on this first
rendering that we are looking at. And, this is what Mr. Whipple
was reading and Mr. Campbell, based on this first rendering. As you
can see, we have made a tremendous change. We have increased the
landscaping by approximately 50%. And, I would like at this time
Mr. Roberto Vich to point out the variances that we are seeking
and the changes that have been made from the application that have
been filed. Thank you.
-12- April 19, 1982 Item 1
Zoning Board
Mr. Alfonso: Go ahead. Talk to the mike, please.
State your name and address for• the record.
Mr. Vich: My name is Roberto Vich. I am an architect
and my office is at 701 SW 27th Avenue.
As Mrs. Weiss was pointing; out to you, we have gone
through different stages from the very beginning when we filed,
back a few months ago - the very original plan layout plus, all the
other drawings required on the City of Miami Zoning Department and
Building. The very first layout on your right shows all the vari-
ances and all the different requirements that your orginial vari-
ance applications that you have. And that's where Mr. Whipple's
recommendation of denial comes from, and all the comments that you've
got there.
After meeting with him and with other members of the
Planning Department, we went through different schemes and layouts,
following advises and to the best of our development. The very
last one on the left, which is exactly the way the scale model
shows, tells you the way revised plans were filed with the City of
Miami.
Since the very original application - I am not going
through what we asked because you have it in front of you. I hand
out to you the revised zoning data plus a comparison between what's
required, what was originally requested and then what's proposed.
So you can see that as per setbacks, you know, what's
called yards is required, we are asking for the Tower number 5 which
we are asking for a setback on the south property line. Tower number
7, we are asking for a setback on the south property line of 60'.
And then we are asking for the parking structures of 10' against 20'
that is required. The parking stucture number 3, the one adjacent
to Sunset Villas, we have modified that one and we are 35' away from
the property line or 55' away from the building against what we orig-
inally asked for.
The other variance that we are asking for, as Mrs. Weiss
pointed to you, is the height of the parking structures. 12' it's
allowed under the actual Code, we are asking for 30', 40' and 8G'
high parking structures. Which is 30, 40 and 80. Then the towers
that abutt -or they are right on the waterway - we used to have
4 of the first 5 towers 20' away from the water. We moved then
back to the re ;aired setback; and we are over the required setback.
And the only one that we are still asking for 20' variance is Tower
#5. And that one, we are cutting off 2 floor, 2 apartments per floor
so that the human scale still reads through and we don't break
through that type of a visual scale. And Mr. Whipple was kind of
pleased that we went through that kind of - you know, at least if
we don't move the building back we are cutting in for the human
scale the first 2 floors of the tower.
Then the last variance that we are asking for right now,
it's the floor area ratio. As it was pointed out, 1.1 is the FAR
allowed under an R-4 District. We are asking; for 1.44, which is
only 30.9 over the required or the allowed FAR. We are creating
balconies in the buildings, which we didn't have them before. And
we are cutting off.tho;eunits on the ground floor, and thus, you know,
we are reducing the FAR by only and going over 30Vj whatever it's
allowed. We are 1.1 allowed; we are asking for 1.44.
The variances that used to be between buildings. The
distance between buildings, we are eliminating. We are creating
a mega -structure of the 5 towers altogether, and we are dropping
off one complete variance off, even though it shows on your original
application.
-13- April 19, 1982 Item 1
Zoning Board
--
So we are not asking for distance between buildings; we
are not. asking for setback from the water. -My on 4 of the 5 towers
that we were askint; for; and we are askimr, only for yard :setbacks and
we are asking for floor area ratio; and the height of the parking;
structures. Like Mrs. Weiss said, the building; is under the
density...
Mr. Freixas: Mr. Vich I lost you there for a minute.
Which is the one you said you dropped altogether?
Mr. Vich: We drop altogether the distance between
buildings. The horizonal distance separation between towers.
Mr. Freixas: Oh, I see. Okay, thank you.
Mr. Vich: Okay, so we are under the density; we are
number the number of units; we are asking for in excess of 30% of
floor area ratio.
Mr. Alfonso: Excuse me. Mr. Whipple, are you familiar
with the variance work data offered by Jacarol Bay Club? And which
show different from what we have here in the agenda. I had a lot
of comments from Members of the Board that they need to clarify
this matter. Any Member who wish to ask any questions, this is the
right moment. Mr. Freixas, Ms. Basila, please.
Mr. Whipple: Yes, Sir. I am familiar with some basic
changes. I was just reviewing the sheet that was handed out this
evening with regard to the numbers.
We are familiar with the suggested changes. The spacing;
as was listed in the previous request, have been eliminated by
having connecting structures covered walkways. This satisfies the
zoning ordinance, and if you will, makes it one building - which
sets aside the spacing formula requirements. That's number one.
So I'm agreeing with the architect on that.
Number two - I do have a problem with the calculations
that were handed out. I believe that there is an error. And we'll
leave it to the applicant to decide. On the third page, Roberto,
you talk about the floor area ratio allowed 1.1 times the lot area.
And for some reason you used the 1.1 to divide into the total
floor area, rather than the lot area which would be 747-751. I
believe you're proposing, using your figures, a floor area ratio
of 1.5914, which - carrying forward with your thoughts here - is a
44.67;'o increase and not a 30.9• I recognize that this is under
the original request. I think, notwithstanding, whatever the
actions the Boards takes this evening, if it is for approval, I
believe that we need the record clear - quite clear - as to
specifically one by one as we go down through the agenda, what the
numbers are revised. We know they were revised. We have seen the
plans.
Now let me just at this time add a comment. It is true
we assisted, we were aware, we were trying to do everything; we
could to get this project into compliance. Compliance is not here.
That is still our problem. Is the plan than better than the other
one? Is one plan that is not acceptable better than another plan
that's not acceptable? And I say yes sir, they did improve and
they have a plan that's better. But it's still unacceptable to us.
Mr. Freixas: Mr. Whipple, I understand your point. I
just want, Mr. Chairman, to make a point if I could now.
Mr. Alfonso: Yes.
Mr. Freixas: I think it's unfair on the Board - and I
—14— April 19, 1982 Item 1
Zoning, Board
V III III I
7� r- 11 11111 1 111- - -
understand the problems you have with the Department, - and I under-
stand that the plans still don't comply with the la•:r and what you
want done with the property. But some improvement has been made.
And you are an expert - you are easy with numbers. tic is an
architect. You can relate to each other. But I don't thine: that
you can expect all these people here and me to sit here and in
15 minutes digest all these things and all these numbers. I don't
know whether he's telling the truth, or your're telling the truth,
or who's lying; or whether he's right and you're wrong. I mean,
it's not fair on to the Board.
You still have the same recommendation. What I got in my
package is the same recommendations - , far as I'm concerned, when I walked
throuah•this door today, these people were proposing the same
thing that they came in here in March and in December. And they're
not. And it's some improvement - I mean they might still not be
still in the law - but maybe if these people knew what all these
things that Mrs. Weiss has tell us today, maybe half of them would
not be here today and they'd be watching T.V. And at least I'd
have a better perception of what they are trying to do. But I
can't digest this in 15 minutes.
Mr. Whipple: Well Sir, I'm not asking you to. I'm
suggesting....
Mr. Freixas: No, you're asking me to. That's what you
presented to me.
Mr. Whipple: No Sir, I didn't present it. I presented
a recommendation for denial.
Mr. Freixas: I understand that but there was a change
Mr. Whipple: The applicant...
Mr. Freixas: ...one of the things that I understand
that they eliminated for one. Is that true or not?
Mr. Whipple: This is the preferred route the applicants
wish to take by which they wouldn't have to file another application.
They can be granted less than what they have petitioned. But they can't
be granted more. And to actually change it and readvertise this
would have another fee. This was their choice.
Now, these plans - this information has been available.
In our initial recommendation, we didn't have detailed information
as far as the Department goes. It is in the file; it's available
for review. And I believe that both the applicants and the Depart-
ment is prepared to discuss the initial application, with the
changes, in front of you or the people here this evening.
Mr. Freixas: No, the point I'm trying to make - and
- please, I'm not trying to be difficult with you, Mr. Whipple - it's
just that, for instance', I asked the architect if they had eliminated
the horizonal distance separation between the towers. He says they
have. Is that true or not?
Mr. Whipple: That is true. And may I again suggest
why -and it was stated early on or started to be stated and they
were interrupted - let's go through those items of which they are
petitioning...
Mr. Freixas: Okay, go through it.
Mr. Whipple:... Correct our agenda and go from there.
-15- April 19, 1982 Item 1
Zoning Board
for.
Ms. Basila: Just so we know exactly what they're asking
Mr. Whipple: I'll turn that over to the applicant.
Mr. Vich: Alright, we are asking for a side yard of
Tower number 5 of 36' to the property line in lieu of 81' that is
required. We are asking, for 60' setback on Tower number 7 to the
property line. We are asking for setback of Tower number 5 to the
waterway of 20' setback; which is ...
Mr. Whipple: Mr. Chairman. May I suggest that, Roberto,
that when you through them delete those that are not of question.
Go right down the line.
Mr. Vich: On the original one. Okay. Let's, if you
don't mind I'm going to start all over, one by one, by your
original letter of intent. Okay.
Mr. Freixas: We got the first two. The first two we
got.
Mr. Vich: Let's forget it. Let's start from scratch
again.
Mr. Freixas: Alright.
Mr. Vich: Side yard: Tower number 5, 36' proposed - we
are asking for that. Tower number 7, 60' proposed - we are asking
for that variance. Yard adjacent to public open space: We are
only asking for Tower 5. We are deleting 1, 2, 3 & 4. We are
asking for only one tower of 20' away from the water. The horizonal
distance separation between towers is completely deleted. So we are
not asking for any of those requires.
Mr. Alfonso: (expletive deleted).
Mr. Vich: Parking structures,extension into required
yard: Parking structure number 1 we are asking for the 10'
required on the west and south; on the Parking number 3, we are
asking for the north and south but we are deleting the east
completely; we are separating it 35' away. On -he floor area
ratio, we are not asking for 1.75, we are asking for 1.44•
Mr. Freixas: How about the height? You say height of
parking structure.
Mr. Vich: Oh, I'm sorry. Okay, for the height of the
parking structures, we are asking for the three heights...
Mr. Freixas: The same?
Mr. Vich: ...the same.
Mr. Freixas: And will you repeat the floor area ratio,
please?
Mr. Vich: Okay, the floor area ratio that we're asking
for is 1.44.
Mr. Freixas: Instead of 1.75?
Mr. Vich: instead of 1.75.
Mr. Freixas: It's a big difference.
(inaudible voice in background)
-16- April 19, 1982 Item 1
Zoning Board
Mr. Vich: .1. Those are the difference ones. Now,
let me explain one thing that IMr. Whipple was pointing out to you.
Excuse me.
Ms. Weiss: Under the Code, we are allowed, if we have
10 square feet, we are allowed 11 square feet. And whatwea re doing;
here, we're goinr, for 14 square feet. What Mr.Whipple is trying
to explain - yes, you may be allowed 11 square feet but you should
not say you're allowed 11 square feet. You should say that you're
allowed 10 feet and you want 14 feet. Now are we allowed 1.1 of
the present FAR or we are allowed 1.0? And I think that where the
confusion between architects - because Mr. Vich...
Mr. Vich: Let me just stop - I think that both of us are
saying the same thing and we are understanding each other. Now your
point is that the FAR computation is based on the square footage
that we are asking for which is 1,189,000 divided into 822,000;
which is the adjusted side area - which is the 1.1 allowed as per
Code allows 2.
Mr. Whipple: Mr. Chairman, the site. area as stated on
the first page is very succinct; 17.166 acres, 74,751 square feet.
Floor area ratio is at, previously stated by Mr. Vich, they want
1,189,985 square feet divided by the lot area. It has nothing to
do with 1.1. That is the factual floor area ratio as the Zoning
Division is going to compute it, as I compute it. Now, if they
want 1.44, fine they're stuck with that. But in essence they are
asking if they want the one million eight something, or lmillion
189, they're asking for 1.5914. It's very simple. I even did it
on my calculator watch.
Mr. Vich: Okay, we are asking for 1.44 FAR, which is in
excess - we are asking for 1.44 floor area ratio, which is 30.9%
in excess of what we are asking for. And those are the variances
that we are asking for.
Mr. Freixas: I still think,Mr. Chairman that we are
still in disagreement with the floor area ratio. I think we should
clarify.
Mr. Alfonso: Well, they have different point of view but
I think that 1.44 is corect. That's my impression. Okay, go ahead.
Mr. Vich: So really, with a R-4 Zoning District that we
are within - and we area here in front of the Members of the Zoning
Board because we are asking for variances. If we would comply with
the Code we wouldn't be here. And we wouldn't have paid $131,000.00
just to come in front of you. We are here because we want variances,
and you are the ones to judge if we should be granted them, you know.
If we would comply with everything that the Code says, we shouldn't
waste the time, ours or yours, to be here. So, you know, we are -
well ofcourse the Planning Department recommends denial because
everything that doesn't comply with the Code I guess is denial.
But we're here because we have the right, as being part of the City
of Miami, with this development to ask for this variances on this
actual project. Thank you very much.
Mr. Perez-Lugones: Mr Chairman?
Mr. Alfonso: yes, Mr. Perez.
Mr. Perez-Lugones: I would like the representative from
the Building and Zoning Inspection Department to make a statement
to some of the things that have been presented to this Board.
Mr. Alfonso: Go ahead. State your name and address,
Mr. Tully.
-17- April 19, 1982 Item 1
Zoning Board
iir. Tully: Tom Tully, from the Zoning Division. Just
a quick note - Mrs. Weiss mentioned a private club or an athletic
club or something like that, that would he operated on the property
for non-residents. Is that correct?
Ms. Weiss: It will be for the residents in the neighbor -
hood.
Mr. Tully: Okay, that would be for non-residents on the
property itself.
Ms. Weiss: Yes.
Mr. Tully: Alright, that would only be permitted as an
another conditional use approval.
Ms. Weiss: Well, at such time and point when we go for
our license - I mean, this would be at least three years down the
road. We are not opening the clubhouse. For example, this club-
house that we are talking about was built prior to the recession
in 1973 and 74; and has been sitting down dormant since that time.
I don't think that the immediate use of the clubhouse is at hand
right now. And I think that we are at least a minimum of three to
four years down the road on the clubhouse.
Mr. Tully: I just wanted the Board to be aware of the
fact that it was not part of this petition. Thank you.
Mr. Alfonso: Okay. You finished with the presentation?
Ms. Weiss: I will make my closing statement after
Mr. Joe Matthews makes his. That's if he's going to be making one .
Otherwise, I'm finished.
Mr. Alfonso: Okay, let's hear from the opposition.
Please, one at a time. State your name and address for the record,
please.
Mr. Matthews: Mr. Chairman, my name is Joe Matthews,
25 S.E. Second Avenue, Miami. I am the attorney for Sunset Villas
Phase III Condominium Association. I am here in that capacity;
and I believe that some of your concern about the number of speakers
may be alleviated by allowing me just a couple more minutes. I do
not intend to impose upon you too long beyond your five minute
limitation.
I am the author of the letter. I do apologize for its
length. Unfortunately, it was necessary in order to present all
of the items that we feel are appropriate for consideration by the
Board. I do not intend to review them tonight. The purpose of the
letter was to avoid that.
I also, unless the Board or Mr. Percy have some desire
for me to discuss it,.didn't come here tonight to talk about liti-
gation that my client has with these folks or anybody else. I'm
here to talk about the project and that's all I want to address
myself to.
If I may step away from the mike for just one moment,
purely to place something on the table in front of you for purposes
of illustating my .... (away from microphone).
Mr. Alfonso: (barely audible) ... Oh, you want to put it
on the board? You see, I can't see it from there.
Ms. Basila: Maybe someone can hold that up for you.
Somebody from the audience.
• -18- April 19, 1982 Item 1
Zoning Board
Mr. Matthews: The gentleman holding it is Mr. Dar elo
Garcia. He is the President of the Condominium Association.
Mr. Chairman, Members of the Board, what. Mr. Garcia is
holding; is a copy - a blueline copy of the master plan of the
Cove 'Tentative - or the Cove Sunset Tentative Plat; copier of
which most of your city employees are relatively familiar with.
They were filed in 1972; and I think by looking; just very quickly
at it you can see that it encompasses not only the applicant's
property but also the property immediately adjacent to the east -
which is the property composing or comprising Sunset-, Villas Phase III.
My only reason for doing; that - and had Mrs. Weiss not
mentioned the litigation, I would have mentioned it solely so that
the Board is well aware we are litigants in a lawsuit; one that is
pending before the Third District Court of Appeal. That's all that
I will say about it except that it involves easements concerning
sewer rights and concerning access over and across my client's
property. I'm not suggesting; that has any impact on this Board's
consideration.
In addition, the only reference I would like to make to
my letter is the back few pages of it, which includes some photo-
graphs. Those photographs come out of a city file - as a matter of
fact it is a file maintained by Mr. Perez. It's a file of a pro-
ceeding before this Board in 1976, which I outlined and summarized
in the letter that I presented. The only reason purpose for pre-
senting the pictures is - Dargelo if you can drop that for a moment The buildings that are reflected on the far side from me - excuse
me - on the near side to me are apparently intended to represent
the Sunset Villas project. And the only reason for this photograph
is that I want you to have an idea or a perspective of the location
of this property next to the property of my client. And the eight -
story building which you see is the - what seems to me like the
smallest building shown on this schematic - no next one down - that
one right there is the eight -story building. As you'll notice it's
awfully close to that three-story parking garage that is set up to
be right next to it. And, if you'll also notice -just so you get
the perspective - all of those model parking signs, all of those
signs that say Sunset Villas, all of that parking that's involved
in there in those photographs that were brought before this Board
in 1976 to support a variance that I explained in the papers are
precisely where that parking garage is proposed to go. Now, I just
felt that it was important that you understood the relationship be-
tween our respective parties not only as litigants but also as
neighboring property owners.
The people that I represent at the Condominum, including
the Board of Directors and the individual unit owners - most of
whom are the folks here that have raised their hands as objectors,
although there are others I believe in the immediate vicinity as
well - when they bought, whether they bought from Mr. and Mrs. Weiss'
former corporation or from their lender, all came in through this
7th Street entrance that is the entrance to this proposed application.
And all came in in that parking area. So that they all understood
when they bought this property that that was part of their property.
Again, I'm not here to persue that except to explain to the Board
the relationship between these two parties and why we're here.
I would like to very briefly depart from all of that and
explain simply the basis for the objections that our client has to
this proposed project. I think it's quite obvious from the size of
the towers that are shown on there, the enormity of the difference
in this project vis-a-vis the projects in the immediate vicinity.
-19- April 19, 1982 Item 1
Zoning Board
tir _
��— 4+ra^.�en?.... ._ a, r ,m� 'ids. e7 ,. .:'s�� •:_:;t.- _ a wt'r_2 , #�'r•. ¢.. 4� .�._.
We have essentially four very basic, very strong; reasons
why we object to this project. The first one is that there was
simply no presentation what7,oever of any special circumstances
other than - if I underztand it correctly - the hard economic times.
In addition to that, in accordance with the requirements of an
appication for a variance, I found no presentation either in the
writing - written application or in the oral presentation that this
would not confer special benefits on these folks that isn't
available to other people in the immediate district or in the im-
mediate neighborhood. Thirdly, there was no indication whatsoever
that there's been any effort to make these the minimum variances
necessary to make a reasonable use of the property. And finally -
and most importantly from my clients' standpoint in what we want to
make sure this Board understands - is the extreme impact that this
proposed project will have on the immediate neighborhood, obviously -
including my clients' property.
Now, with respect to the showing of undue hardship,
unless I'm mistaken, the only thing that I heard was the represen-
tation that somehow or another the hard economic times justify such
a drastic deviation from a well -established - in fact I believe the
Staff indicated that this zoning has been there for more than 10
years; we did some review in the immediate area and Mr. Whipple
does not recall any such sizable - as far as I know even 1.44,
if they - whichever it is - deviation from the immediate neighbor-
hood. In fact, the floor area ratio provided on that original plan -
which apparently was deemed feasible back in '72 - was substantially
less than 1.1. In fact, just so that you get an idea of the change,
the total project was designed to be about 980 units of which 400
were to be placed on the property that they want to now put 980 on.
So that's some idea of the relationship.
The only other thing that I've heard that remotely might
be considered special circumstances or undue hardship is this desire
to build rental - middle income rental housing. And I can assure
you that as a member of this community and on behalf of all my
clients, we understand the need for middle income housing.
First of all, I still don't know who the applicant is. I
don't know how you can possibly assume that this is going to be
middle income housing without even knowing who the applicant is.
Secondly, I do hate to disagree but Mr. Vich appeared at
the Board of Director's meeting with Ankenford(?) to explain most
of these changes which they didn't explain to you until tonight.
And, I'll be happy to give you the tape recording where he said
that if this is going to be a rental project for $55,000,000.00,
you know, we shouldn't worry about it 'cause this is going to be
a real first class operation. Now, I'm not challenging that; per-
haps there was a misunderstanding somewhere. But whatever the case
may be, I think that the Board - if the sole basis for this undue
hardship is going to be the desire to promote this middle income
housing, I would think that at the minimum the City Attorney might
be able to get some type of legal documentation that would tie it
up for twenty years. Although I have to admit that when I was with
the State, we examined that and found that it was going to be ex-
tremely difficult to make it enforceable. So that's my only com-
ment with respect to the undue hardship.
Now, with respect to the impact, it is my understanding
from personal experience, personal observation and also from all
of my folks that there is no multi -story parking garage anywhere
between Red Road and LeJeune Road, and NW 7th Street north to the
Blue Lagoon. I think that is an awfully radical change in the
nature in this neighborhood, particularly when you realize that
they're talking about putting in a parking garage that's twice the
vast majority of living quarters - living buildings that are in the
immediate vicinity. These are parking garages that are going to
-20- April 19, 1982 Item 1
Zoning Board
have a nice tiTe with their head lights just flashing down and
lookin, into the units. That's what, they're talking about doing
here. And they're putting it in to really only 12 acres 'cause
5 of those 17 acres is submerged. And, all of those neat little
thins they've got there showing the docks and everything, they
arc not going to do without my clients' permission; 'cause my
client has non-exclusive easement to use that entire waterway over
which they're being allowed to compute the submerged lands.
Now, this impact on the immediate vicinity - or immediate
community is really severe. There was some reference made to park-
in; ; I made a presentation in the letter, I'm not going to go over
it again. Mr. Percy is very familiar with the parking problem that
exists with my client. The only thing that I will will say is that
what we're talking about doing is taking a thousand people and
allowing their extra carp and their guests to compete - and I would
invite you all to go out to 47th Avenue and N.W. 7th Street and see
if you want to compete with anybody for an on -street parking space
anywhere in that area. Because, according to the problems that
exist right now, we're talking about adding all of that extra
parking to say nothing of whatever parking might come along with a
clubhouse that's eventially going to be open o the public. Those
are some of the impacts that I think the Board has to consider.
This project is going to have on the immediate vicinity, not only
my clients who admittedly have a very vested interest because of
the litigation involved and so forth, but also all of the other folks
that live up and down N.W. 7th Street are going to have the same
basic problem.
I don't want to get into the sewer easement question; it
is part of the litigation as well. I assume that's something that
the City is going to require them to clear up. The only thing that
I will say is that they are fighting for the right to hook in to
our sewer line - persuant to an easement, and it's an easement that
is limited to 560 units. So I don't quite know whether that's what
they're planning on using, I doubt that they are because they're
talking about 980 units. But if it is something that this Board
needs to consider then I think they should.
Finally - I'm sorry, I was prepared to go into the 1.75
FAR; I'm really sorry. I do acknowledge that Mr. Vich came and
told me 1.44, but thereafter I did what I thought I was supposed to
do. I went to the City files; I examined things and it's my under-
standing that it's 1.75 - and that is major. That is to me a re-
districting through the back door. Not that 1.44 isn't bad enough,
but I'm sorry I was prepared to deal with that..
Lastly - if I can just summarize and I'm extremely sorry
to have taken so long but I think that all I'll do is ask ...
Mr. Alfonso: You are.
Mr. Mr. Matthews: ..these folks if I've accurately
represented it. Essentially what's happening is the proposal -
irrespective of the history of this project - is that they're going
to take 12 acres of land, with 5 acres of submerged land next to it
that they can't use without my clients' approval - and they're
going to put an extremely high density project into it. Now, the
only thing that I want to point out with respect to these - the
setbacks that they're no longer seeking in between buildings; just
so you understand that all they did was they took a two level struc-
ture and they're hooking them one to another, so now they're calling
it one building. That's the only thing they did that required them
or allowed them to withdraw that requested variance. That is
exactly the same as what was presented before except that they put
this little two story walkway in between. How they're going to
build that when their plan project building one or two stories at a
-21- April 19, 1982
Zoning Board
time, and how that's going to constitute one building is absolutely
beyond me - but I guess that's your problem and not ours.
Basically, this Board has to realize that they are talk-
ing about an exceptionally radical change in this immediate neigh-
borhood. And they are talking; about plopping down in the middle of
this neighborhood without any concern whatsoever for the impact that
it's going to have on the people to the east, and to west of it.
I apologize for taking; so long, but I want to thank the
Board for it's consideration. Now before I go, I would like to ask
Mr. Dargelo Garcia if he would please state for the record, as
President of the Condomimum Association, is what I said properly
representative of the view of the Board of Directors?
Mr. Alfonso: State your name and address for the record,
please.
Mr. Garcia: My name Dargelo Garcia. I live at 4805
N.W. 7th Street. As president of Sunset Villas Condominium Associ-
ation. Mr. Matthews here just stated our position, and we thank
you for your time.
Mr. Alfonso: Thank you, sir.
Mr. Matthews:
to answer them, sir.
Mr. Alfonso:
Mr. Freixas
Mr. Alfonso
a question?
while...
If you have any questions, I'll be happy
Anyone else?
I have a question of Mr. Matthews.
Anyone else from the Condominum? You have
Mr. Freixas: No, if you want me to wait til after a
Mr. Alfonso: No it's okay. Go ahead now.
Mr. Matthews: I don't if there's anyone else other than
my clients, here.
Mr. Alfonso: Let's... He has a question for you. Go
ahead Mr. Freixas.
Mr. Freixas: Mr. Matthews, at the last time we deferred
this we asked you people and the developers to get together. Is
anything that you have in mind that will middle of the
road, that we can accomodate your side and their side? I mean, I
have heard your objections but is there any ideas that you can share
with us tonight.
Mr. Matthews: I understand what you are saying, sir. I
have to preface it by saying I suffer to dictate or the desire to
dictate what these folks do with their propery. But, I - accepting
the question and accepting that I do - I'm not saying what they
should do, I don't see how it's conceivable to interject highrise
parking spaces - parking garages into this neighborhood without far
more radical reasons than have been presented. And secondly, I
don't know how to discuss it with them until we talk density reduc-
tion. Now, I understand that by computing the 5 submerged acres
they have been kind enough to give up 6 of their 982 allowed units.
But - I'm not trying to dictate what they can do with their property
but I'm afraid that amount of people, I'm don't know how to work
with this project when they are talking about that amount of people.
• -22- April 19, 1982 Item 1
Zoning Board
a
Mr. Freixas: No, no I understand that. I just - if you
have any ideas that you could share with us?
Mr. Matthews: Density, yes sir, is really the key. I
don't know how to anywhere without, acknowleging or addressing; the
problem or the number of people and the units they are talking
about putting in there.
Mr. Garcia: I wish to add, if I may ...
Mr. Alfosnso: Please state again your name and address
for the record.
Mr. Garcia: Dargelo Garcia, 4805 N.W. 7th Street.
I wish to state before the Board tonight that Mr. Robert
Vich, who is the architect for this project, asked me if he could
come before the Board of Directors to present his project. And we
took the time to sit down with him and listen to what he had to
say. So we are not being unreasonable. And we are here tonight,
still, to show our opposition after taking enough time to go over
the project with Mr. Vich.
Mr. Alfonso: We thank you, sir.
Mr. Garcia: So we took the time to sit down with him and
discuss the whole project.
Mr. Alfonso: That's wonderful, sir. Anyone else from
the neighborhood that want to speak? If not, I'm going to recognize
Janet Cooper. Please come to the mike. Janet Cooper, please we
have a time limit here.
Ms. Cooper: Janet Cooper, 1901 Brickell Avenue, president
of Save Brickell Avenue, Inc.
My main reason for coming here tonight as representative
of Save Brickell Avenue is to indicate our continued opposition to
the inclusion of submerged land in calculating density and other
calculations. We expressed this position a number of years ago on
the Santa Maria, Villa Regina and Imperial projects. I'd like to
incorporate, by reference, our arguments presented at those various
hearings.
I'd like to point out to the Board that this is another
example of the harm that is generated by this policy of including
the submerged land. I'd further like to point out to the Board,
the concept of all the controls in a Zoning Code. There are a
number of different controls, density, floor area, setbacks, park-
ing. All of which are designed to work together to control the size
and the shape of a project. And it is not consistent with the Code,
with the intent of the Code or the goals of the Code, to allow a
person to pick out that one measurement which would allow them to
have the greatest number or size development; and then grant vari-
ances in order to enable that one greater measurements to be ful-
filled to its greatest extend. And that's what we're here; an
attempt to take that one measurement by which they could build the
most and then ignor the rest of the code. And that's basically
what's happening here and a problem.
Just briefly, in listening to presentation by the appli-
cant, I would make the following comments which are mine personally.
I've inquired of Mr. Whipple and Mr. Campbell, and I've been told
that the zoning has not been changed on this property in some ten
years. And if the applicant had applied for this project a year
and a half ago, there would have been the same variances required.
-23- April 19, 1982 Item 1
Zoning Board
That, as Mr. Tully almost pointed out, if the club
facility is open to the public - to other members of the community,
in addition to those people who will be residin; on the propery -
there would be a significant additional parking requirement which
has not been addressed in this application.
That the requirement for the distance between the build-
ings, which has been eliminated by the connecting of the buildings,
is inconsistant because the applicant, themselves stood here and
told you that two of the buildings will be constructed immediately
and each of the remaining five buildings will be constructed at 6
month intervels. That's obviously an optimistic time schedule but
nonetheless how can you have one building on one hand and seven
building that will constructed at seven different times or at six
different times. An the other hand, I think that that's an incon-
sistant presentation by the applicant.
And I would just like to register my shock and dismay at a
ten story parking structure in this type of neighborhood. Thank
you.
Mr. Alfonso: Now we are going to give you a few minutes
of rebuttal, then we are going to close the public hearing.
Mrs. Weiss: I'd like to submit for the record...
Mr. Alfonso: State your name and address again for the
record.
Mrs. Weiss: Carolyn Weiss, Intercontinential Properies,
agent for Central Bank and Trust Company as trustee for the bene-
ficial owners.
I would like to submit certain instruments for the record,
which will reflect all our discussions that have been made here to-
day. A feasibility study by Merrill -Lynch reflects that we own
in excess of 20 acres and we are using 17 acres. I'm submitting
a survey by Dennis and Dennis which shows we own 20 acres and we
are using 7 acres. I'm submitting our revised calculation for this
meeting to reflect that we are asking for 1.44 instead of 1.59• I'm
submitting for the records a judgement that was entered and accepted
by Sunset Villas Condominium Association of a lawsuit that was
existing prior to us coming on this project, over two year in '77.
And they have a settlement here in excess of over $400,000.00 as
the first payment-. I'm submitting copies of the tax receipts which
shows that we are paying the property taxes for submerged land and
upland. I'm in excess of 25 signatures from the neighborhood to
reflect people that are in acceptance of this project. I'm sub-
mitting our letter to Sunset Villas Condominum Association that we
have made efforts, together with the Association and with Mr.
Matthews to discuss this project to discuss this project. And we
got nowhere with Mr. Matthews, he would not say anything; and this
is our letter to him. I'm submitting our letter to Mr. Karl Kern
from the City of Miami -Parks Department, making our committment to
be concurrent with the project. I'm submitting area data and in-
formation that reflects hardship on the rental in the area and what
the community is suffering; and the vacancy factors and what's hap-
pening in the housing market. I'm submitting my complete comments,
that are in writing, to reflect my complete argument and substan-
tiation that I have made.
And, for the record, I would like to bring up that this
property has been sitting vacant for the past ten years without any
revenue to the City. And that Mr. Matthews does not want this pro-
ject developed. At the time that the project was submitted back in
1972, it was 38% of the total FAR. And at that time, the one -
bedroom apartment could be built and delivered and sold for $15,900.00;
-24- April 19, 1982 Item 1
Zoning Board
that's what our sales price. And most of the Condominium Association
here bou ht the one -bedroom apartment at $15,900. To deliver the
same apartment unit it will cost in excess of $42,000.00.
I would like to say that, at the time when we would start,
construction, a building permit will be taken out for the complete
projec'; so that construction would follow one after another. And,
a building permit will be for the complete project and not for one
building at a time.
As far as the water, it exists. The sewer there is a
recorded instrument contracted at $750.00 per unit; which is already
recorded and part of the courthouse record.
_ The distance between building, even though they are saying
that this two floor conne^lion which connect 5 buildings and the
parking structure is 80 feet a distance. A six -lane highway to-
gether with a median, in the City of Miami, is 67 feet; the distance
between these buildings is 80 feet. It is very hard to visualize
80 feet but we can visualize we can visualize six -lane highway with
a median; and this is in excess of a six -lane highway.
The variances have been dropped; meetings have been made
with the Planning; and I think that this project should be approved.
Thank you. Thank you again for giving me the time to make this
presentation.
Mr. Alfonso: Thank you. At this time we are going to
close the public hearing and start the discussion about - among
Members of the Board.
Ms. Basila: I would just like to ask the attorney, for
my own information, do we or do we not include the submerged lands?
And is that a private lake, or a public lake? I don't quite under-
stand this in my mind.
Mr. Percy: The applicant has submitted to the City
documents of ownership to show that the submerged portions of the
land that is being included as part of their lot area calculations
are owned by them, to the satisfaction of the City. And the City
has, in the past, issued an opinion that would allow for the in-
clusion of submerged land adjacent to upland to be part of one
consideration. So that interpretation has not been reversed; and
that is the present feud.
Mr. Freixas: Now I have a question.
Mr. Alfonso: Yes, go ahead Mr. Freixas.
(Inaudible voices in the background)
Mr. Basila: About the submerged lands, yes. Has - my
understanding is that the Planning Department has not included the
submerged lands in their calculations. Is that or is that not
correct?
Mr. Whipple: That is not correct. We accept the deter-
mination by the Building Department, the Law Department, that that
land is included. And my comments did include the water area,
notwithstanding the fact that we don't like it.
Mr. Alfonso: Okay.
Ms. Basila: Thank you, sir. That what I want to put in
the record.
-25- April 19, 1982 Item 1
Zoning Board
Mr. Freixas: Pur5uinE, Gloria's comment) There is talk
of 17 acres - 17 point somethint; acres. Now, one one of the things
that had just passed my hands now shows different. Go are we talking
about 20 acres? Are we talking about 17 acres? If we are talking
about 20 acres and then I think that; all these numbers vary here.
It's just a question that I have.
Mr. Percy: Okay. First and foremost, Mr. Freixas, the
applicant has to submit a survey to Mr. Perez's office wide and
apart from what has been submitted to you as exhibits to their
presentation. The initial, that the Planning Department reviewed
to determine that this application was a proper applicant and that
the relief that they were seeking was permissible under the Zoning
Code and the variances that have grown out of those, is the opera-
tive survey. And if there's a conflict with these subsequent doc-
uments, we would want that clarified or what those documents that
conflict withdrawn. The operative documents would be the ones
submitted at the time that the application was filed. And, I
believe, that :,hese were submitted as supportive. And to the extent
that they are in conflict, we would abide by the documents that were
originally submitted.
Mr. Freixas: Not to disagree, but again everything that
has been presented today is contradictive to the original appli-
cation.
Ms. Baro: Mr. Freixas, but...
Mr. Freixas: I mean, if you get my point, I mean - I'm
talking about the whole Board. I think it's unfair that we can in
a minutes time evaluate the changes, and the impact, and everything
you know, we don't have all of these things in consideration at a
staff meeting or in our packets, you Know.
Mr. Percy: That leaves with this determination Mr. Freixas
and Board. You going to have to rely on the figures provided to you
by the Planning Department. When we have a dispute as to the FAR,
Mr. Whipple's figures are going to have to be included in the Reso-
lution if this Board is disposed to grant the relief that's sought
here. I would not recommend, if there's a dispute within the Depart-
ment as the numbers, that this Board rely the applicant's figures.
I would recommend that the Department';s figures be relied upon, if
this Board is at all inclined to grant the relief that's being
sought here tonight.
Mr. Perez-Lugones: Mr. Chairman?
Ms. Baro: But Mr. Whipple - I mean - there are other things
that are confusing. As for example, such a thing as sewer facilities
are very important in a project like this. Mrs. Weiss says that they
do have it; they have two whole blocks and the - Mr. Matthews says
no, it belongs to Sunset Villas. And then what does the Department
say?
Mr. Percy: Well, you can simply make that a condition of
any approval, again if you are disposed to do so. Any concerns that
this Board has with the variance request, ,you could apply whatever
conditions that you think are reasonable. And the concerns that's
been raised by Mr. Matthews and others and Mr. Whipple and the Depart-
ment, those can be conditions to any approval that you may wish to
grant.
Mr. Alfonso: Let me ask you a question - if they don't have
the proper sewer,they can't have the certificate of occupancy. So this
is automatically; they must have it.
Mr. Perez-Lugones: They wouldn't be allowed to build.
-26- April 19, 1982 ITem 1
Zoning Board.
Mr. Alfonso: What is the problem here?
Mr. Percy: What they have to know though, Mr. Chairman,
is that if that is required then the permitting process will reveal
this. And the applicants need to leave here tonight knowing that
a permit would not necessary issue if this, is not a condition of
this Board. That there's another process that will filter that out
and could also delay the development of this project, whether you
include it as a condtion or not.
Mr. Froixas: Well, I think they know what they are doing
and I know that they need the sewers, and that has nothing to do
with this.
Mr. Perez-Lugoens: Mr. Chairman?
Mr. Alfonso: Mr. Perez.
Mr. Perez-Lugones: In order to clarify the question of
the total acreage involved in this, the survey by Dennis and Dennis
shows as part of the survey certified by the surveyors that the net
upland area is more or less 11.910 acres; and cover number two, which
is the submerged part, is 5.116 more or less acres...
Mr. Freixas: We're talking about 17.
Mr. Perez-Lugones: And, that is a total of 17.026 acres.
And the usable upland area is shown to be 12.05 more or less acres.
And that is as per survey on file.
Mr. Alfonso: Okay, thank you. Mr. Freixas? Anyone else?
One at a time, please.
Mr. Freixas: Yes, one of the questions that we were asking
ourselves is - What can we build there? How many units? What was -
you know, how many units can be built there without them coming here
and getting any variance? I mean- what is it that they are asking
in excess of? Not in floor area ratio but how many units?
Mr. Whipple, you think that we can get an idea of what they are
asking for now, comparing unit?
Mr. Alfonso: Well the applicant knows.
Mr. Whipple: I need two steps to give an answer on this.
And if you'll follow what I'm about to say. The applicants were
correct to the extent that you may, in an R-4 Zoning District,pro-
vide so many units based upon your land area; the maximum. Okay
now, that assumes compliance with other regulations.
Mr. Freixas: Right, I agree with you.
Mr. Whipple: That maximum, if you comply with other re-
gulations,'is as the applicant stated which is 982 units would be
the absolute maximum you'd be permitted in this district.
Mr. Freixas: 982. They have 976.
Mr. Whipple: Now, what could be built within the regu-
lations, meeting the other regulation - which I believe was basically
your question - you have to assume a perameter somewhere along the
line. As an illustration, may I assume the gross unit area that is
proposed in the project before you this evening. Now it's not a net
unit area, it's a gross unit area; that includes the club area, the
recreation building, the whole ball of wax. That average gross unit
size is 1219 square feet. Now if you were to take that figure, then,
and divide into the permitted floor area ratio of 1.1 times the lot
area you would come out with a figure which I believe is approximately
-27- April 19, 1982 Item 1
Zoning Board
I'm trying to find all the numbers here - I believe it's approximately
400 units. Let me just do it real quickly - it will only take a
second. The permitted number of units, using that 1216 square foot
gross size, is 676 units. That would be permitted today; you could
get a permit tomorrow for that. 676 versus the 976 proposed.
Let me just add a little more confusion, if you want.
Mr. Freixas: Please do.
Mr. Whipple: The other way to do this, and calculate it,
would be what would be the unit size at 976 units. In other words,
I was using their unit size but let's just suppose that we took the
permitted floor area ratio of the 822,000. I'm going to round that
number off. The gross unit size in that instance would be 842 - 842
square feet. So, there's the realm. We are ....
Mr. Freixas: In other words, if you took all the -you know
the numbers and into - you'd come out with a units of 842 square feet.
Is that it?
Mr. Whipple: Yea. If you went - let me change it just
a bit - if you took the maximum number of units permitted...
Mr. Freixas: Right.
Mr. Whipple: ...which were resitted as first point...
Mr. Feixas: Yea, okay.
Mr. Whipple: ... and divided into the floor area ra..-
floor area permitted, pursuant to floor area ratio...
Mr. Freixas: 1.1
Mr. Whipple: Right - floor area ratio, then you would
come up with an average unti size of 842 square feet, plus or minus
please.
(Discussion among Board Members away from the microphone)
Mr. Alfonso: Mr. Freixas.
Mr. Freixas: Alicia, I believe that we have got to come
to a meeting of the mind here. We are talking - I feel that we are
talking up in the air. I mean, this - We really got to attach a
lot of things to this to make this thing go. I think that we got to
go for whatever the City Attorney is telling us - that we got to
take into consideration the Department. And it would be up to the
developer to bring proof, you know, that their calculations are
right and not the Department. So I think that we have to go with
the assumption that they're right and they're wrong. I'm in favor.
I think they have done a good job. I think it's a nice project. I
think they have worked -hard to reduce; they have eliminated a bunch
of things. And I think that in this time and age in the City of
Miami we need rentals. These no questions in my mind. I mean, I'm
all in for the project. But how can we go about approving something
that we have some questions in our mind? And so many things that
have been presented from the Board just tonight, you know, as far
as numbers and figures.
Mr. Alfonso: Well Mr. Freixas we made it clear, in my
mind, that it's a big difference what they propose and what they
presented tonight. There's a big difference...
Mr. Freixas: I agree with you 100%.
• -28- April 19, 1982 Item 1
Zoning Board
Mr. Alfonso: ...they showed - I no question in my mind
that they reduced. They went one by one and they - in the variance
they say they ask for one variance here for these things. The
horiconal di2tance, they eliminate that. I have no question in my
mind - I don't have any. On the parkin; structure, they have the
same except the inside station. The height of parkins; structure,
they are asking for the some. And the only difference here is the
floor area ratio, which the Department show: at 1.75; but they
admitted that they have made some changed.
Mr'. Freixas: And it's 1.44 now.
Mr. Alfonso: And it's 1.44.
Mr. Freixas: Well, that's where my question comes how ...
Mr. Alfonso: The question here, Mr. Freixas, that we
have to come to a final decision today here.
Mr. Feixas: Well, if you are ready for me, I am ready.
Mr. Alfonso: I am ready a motion, anyone.
-29- April 19, 1982 Item 1
Zoning Board
Mr. Freixas: I make a motion to approve it.
Mr. Alfonso: Okay.
Mr. Freixas: And me only thine; that I will attach here
it be - and I don•L know how I can go about tnis Mr. Attbrnr:y - is
about the floor area ratio.
Mr. Percy: What's the essence of your motion, Mr. Freixas?
For approval?
Mr. Freixas: I go for approval. Okay. Now I have no
problems with the side yard; with the yard public open space on
Tower number 5. I got no problem with the parking structure, the
number 1 and the number 3,Ithink if I have cross everything out tonight
right. And the height of the parking structure, I got no problems
with that. Now the only problem in my mind is the floor area ratio.
The one they say they have 1.44.
Mr. Percy: And your Staff recommendation is that they
have 1.59.
Mr. Freixas: That's where I come from. So if - so I will go
for 1.44.
Mr. Percy: Mr. Freixas, we would recommend that the
Staff's computations be adopted, if you and the Board is disposed
to grant the relief that's sought; subject to some verification or
recalculation. I would not advise the Board to accept the applicant's
numbers if they're disputed by our Staff.
Mr. Alfonso: Mr. Freixas, but I understand you go all
to 1.44. If they are wrong, it's their problem. They have to re-
adjust that to 1.44, and that's it.
Mr. Vich: We are asking that we will not - we will not..
I am Roberto Vich, the architect for the project. We will not ex-
ceed 1.44 FAR.
Mr. Alfonso: You can not because it is part of the
motion.
Mr. Freixas: You got it.
Mr. Alfonso: ...So you have the burden with you.
Mr. Freixas: You got it.
Mr. Alfonso: Okay we have a motion. Do we have a
second.
Mr. Romero: Mr. Chairman (raising hand).
Mr. Alfonso: We have a motion and a second. Call the
question.
Mr. Whipple: Mr. Chairman.
Mr. Alfonso: Yea, Mr. Whipple?
Mr. Whipple: The Department requests, and also the Law
Department would also like certain things put into the record with
regard to this.motion.
Mr. Alfonso: Alright.
April 19, 1982 Item 1
Zoning Board
-30-
Mr. Whipple: First off, we want to make sure there is
an understanding of what plan and what numbers area on file.
Mr. Perez-Lugones: Mr. Whipple, as I read what I have
modified in this original proposal, if yo see any missing; items
just call my attention.
Mr. Freixas: j , call my attention because it's my
motion and I went over them because I thought I got it right.
Mr. Alfonso: Okay, go ahead Mr. Perez.
Mr. Perez-Lugones: We have a motion to grant on item
number one. And this motion has been made by Mr. Freixas and
seconded by Mr. Romero'
RESOLUTION ZB 56-82
RESOLUTION TO GRANT VARIANCE FROM ORDINANCE 6871,
ARTICLE VII, SECTIONS 3(2)(a), 3(2)(d), 3(4)(a) AND
5, AND ARTICLE IV, SECTION 19(7 O V & (c), TO PERMIT
CONSTRUCTION OF AN APARTMENT PROJECT (JACAROL BAY
CLUB) CONSISTING OF SEVEN TOWER STRUCTURES, 3 PARKING
STRUCTURES AND AN EXISTING 4-STORY RECREATION BUILD-
ING ON THAT PORTION OF LAND INCLUDING LAKE BOTTOM
LEGALLY DESCRIBED BY METES AND BOUNDS, LOCATED BE-
TWEEN N.W.7TH STREET AND GLIDE ANGLE LAKE, AND
APPROXIMATELY 1100' WEST OF N.W. 47TH AVENUE, REPLAT
(COMPLETE LEGAL DESCRIPTION AVAILABLE AT THE PLANNING
AND ZONING BOARDS ADMINISTRATION DEPARTMENT) ; AS PER
PLANS ON FILE STAMPED MARCH 23, 1982 ( FOR THE TOWER
STRUCTURE) AND APRIL 16, 1982 (FOR THE PARKING STRUC-
TURE) BY THE PLANNING AND ZONING BOARDS ADMINISTRA-
TION DEPARTMENT. WITH THE FOLLOWING VARIANCES:
SIDE YARD:
TOWER 5: 36' PROPOSED (81.5' REQUIRED).
TOWER 7: 60' PROPOSED (81.5' REQUIRED).
YARD ADJACENT TO PUBLIC OPEN SPACE:
TOWER 5: 20' PROPOSED (42.5' REQUIRED).
PARKING STRUCTURE (PS) EXTENSION INTO REQUIRED YARD:
P.S. NO. 1; WEST AND SOUTH EXTENSION:
10' PROPOSED (20' REQUIRED).
P.S. NO. 3; NORTH AND SOUTH EXTENSIONS:
12.8' PROPOSED (20' REQUIRED).
HEIGHT OF PARKING STRUCTURE (PS):
P.S. NO. 1: 42.5' PROPOSED (12' ALLOWED).
P.S. NO. 2: 82.5' PROPOSED (12' ALLOWED).
P.S. NO. 3: 32.5' PROPOSED (12' ALLOWED).
FLOOR AREA RATIO (FAR):
F.A.R.: 1.44 PROPOSED (1.1 ALLOWED).
PROPOSED PROJECT SUBJECT TO REPLATTING PRIOR TO
ISSUANCE OF A•BUILDING PERMIT. SITE ZONED R-4
(MEDIUM DENSITY MULTIPLE DWELLING).
*(DURING VOTING THE FOLLOWING DISCUSSION INSUED)
April 19, 1982 Item 1
Zoning Board
-31-
Mr. Alfonso That is the motion. That's exactly, you
got it right. Now Mr. Whipple, whatt else is that troubles you?
Mr. Whipple: Two thins, Mr. Chair - a couple of things.
Number one, I believe, is part of the plan: on file which were
backdated March 23rd is the basic structure. Submitted to the
hearini; office were plans for the three garages dated April 16th -
now this is the hearing office date stamp - dated April 16th.
And the architect's date is likewi:;e April 16th. That's the plans
for the size of the three parkin; garages; because there was a '
change in configuration which might not - I just want that as part
of the record.
Secondly, this motion, I have one problem. I would re-
quest the Beard rather than per the figures that have been submitted,
as long as the applicant is happy with the proposed total floor area
ratio of 1,189,985 square feet, which is in their figures...
Mr. Freixas: 1 million 89 and 80.
Mr. Whipple: As long as there is no problem with the
lot area, as Mr. Perez sited earlier being 747,751 square feet.
Mr. Vich: That's correct. The floor area ratio will be
reflected to 1,189,985 square feet, the way every single member has it on your record; it's on record on Mr. Whipple's office...
Mr. Whipple: But that is not a 1.44 floor area ratio.
Now you have to do one of two things. You either have to adjust
that figure for the total floor area...
Mr. Freixas: Mr. Whipple, that's why I asked which
figure do you want me to use. If they, I mean ...
Mr. Whipple: We'll use the 1.44 based on the lot area
of 747,751 square feet. 1.44.
Mr. Freixas: Oh you'll use the 1, 189,090?
Mr. Whipple: No, Sir. No, Sir. We'll use the 1.44
floor area ratio as based upon the lot area, and we accept that.
Mr. Freixas: I'm lost. '
Mr. Perez-Lugones: For the lot area we have to use what
we have in the survey. And the survey depicts 17.026 acres, which
is the total of the submerged and upland areas. That is the land
area, including submerged land,.of this project.
Mr. Alfonso: Let me hear from the applicant.
Mrs. Weiss: The surveyor reflects 17.166 acres. And
what we ar6 requesting here is 1,189,985 square feet. We are
allowed under the code 822, which 1.1. And we are going for
1,189,985. And this is -a copy of the plans that is filed with
the Zoning and Building Department, for the parking strucuture to-
gether with the buildings, which I would like to leave with the
Clerk on file.
Mr. Perez-Lugones: Wait a minute. Let me clarify some-
thing. We will go by the survey on file. And the survey on file
has a total acreage of 17.026 and that is the total acreaged of
this project; not one not less than that.
Ms. Baro: Okay, here we go in conflict again.
Mr. Vich: Excuse me. I have to disAgree with Mr. Perez.
Mr. Percy: Mr. Chairman? Mr. Chairman?
April 11, 1982 Item 1
Zoning Board
-32-
Ms. Baro: . Now we have a conflict-, again.
Mr. Alfonso: Just a moment. Yes Mr. Percy.
Mr. Percy: I recommend that, the matter be deferre,j
until the discrepancies in the numbers - rather than have this
Board approve something that's factually, numerically incorrect;
that you defer the matter until there's accord on the numbers.
That's my recommendation.
Mr. Freixas: Well I think that it's unfair to bring
200 people in here and let it come back again. This item has been
postponed twice. I think they have plenty of time to work the figure..
So I suggest that we set aside, Mr. Chairman, this for ten minutes
and let them get together in the corner and work out some kind of
a figure that I can make my motion on.
Mr. Perez-Lugones: Mr. Freixas, the survey we have has
been provided by the applicant; and it is certified by registered
surveyor.
Mr. Freixas: Okay, so I'm going to ...
Mr. Perez-Lugones: And that is the figures that we are
going to take.
Mr. Freixas: Okay, perfect. So you saying that the
variance that they're requesting is 1.59. Is that correct,
Mr. Whipple? Floor area ratio.
Mr. Whipple: That's what I say, yes Sir.
Mr. Freixas: That's my motion. On item number - on the
item...
Mr. Alfonso: Just a moment, Mr. Freixas. Otherwise you're
going to change to be on the same size to 1.59•
Mr. Freixas: All I'm saying is that he's saying that
he has to go on the thing on file. And he say that he's happy with
his numbers. That they don't have ...
Mr. Alfonso: Wait, before you change that, Mr. Alvaro
you have to withdraw your second. Withdrew second. Now, make
the motion.
Mr. Freixas: No, I'm going to make a new motion then.
We're going to start all over again.
Mr. Alfonso: Okay, let's go.
Mr. Freixas: You're saying that you have to go by what
you have on file, is that it?
Mr. Perez-Lugones: That is correct.
Mr. Freixas: And what you have - I'm sorry Mr. Whipple,
go ahead.
Mr. Whipple: Could I just add - yes, plans on file
include the calculation sheet attached to the plans. The calculation
sheet is in error. That's what we are concerned about, Sir.
Mr. Perez-Lugones: Let me clarify something regarding
the calculations on file. The calculations on file are not certified
beyond any reasonable doubt or by a registered professional as it
is the survey. I mean - I'm not saying that Roberto is not registered,
I'm saying the surveyor has a difference connotation into this sit-
uation. The survey on file is what I am referring to when I am talking
April 17, 1982 Item 1
Zoning Board
-33-
the net area...
Mr. Freixas: So if you'll follow me for a minute,
Mr. Perez. See if I'm right.
Mr. Perez-Lui;ones: Okay.
Mr. Freixas: Maybe I'm totally wrong. What you're
saying to me is that, according to the survey that they filcdwith
the Department, you have 17.0 :something acres. And according to
that computation, the variance they asking tonight is not 1.44,
but it's 1.59. Am I right in assuming that?
Mr. Perez-Lugones: That is what Planning contends.
Mr. Freixas: Okay. Tell me what is the will of the
Board. I'll go either way. I'll go for that, or I just defer the
item and let him come on back two weeks from now.
Ms. Baro: But Mr. Freixas, may I ask the architect if
he says he will conform to the 1.44.
Mr. Alfonso: Yea, but the question Alicia is that they
say that the only survey they can take is the one that al~eady
been filed. Whether it is wrong or right they cannot refile a new
survey.
Ms. Baro: Well, I assume that the one that was filed
must have been filed by the applicant.
Mr. Freixas: Yea, but it's not the same that they
just got now.
Ms. Baro: Then can they explain how they they can con-
form to 1.44 if Whipple says they cannot.
Mr. Whipple: I didn't say they cannot. They can based
upon the lot area submitted. If they want a floor area ratio of
1.44 times the lot area, fine. That can be the motion of the
Board, and so be it. No problem.
Mr. Perez-Lugones: That is the way to calculate the FAR.
You take the area as presented by the survey that the applicant
presents to the Board. You multiply that times the 1.44; you
come up with a number; and you are bound to that. And that is it.
Mr. Freixas: I agree. We all agree with you. But do
you understand that the discrepancy here is the survey that you
got on file and the survey that you just passed by me now.
Mr. Percy: Mr. Freixas, the offical survey is the one
that's been filed, that's been registered and attested to and has
an affidavit accompanying it. Anything that's subsequently that's
in conflict, we refer back to the official document that the Planning
Department reviewed and the recommendations are based upon. The
subsequent conflict in documents are just that.
Mr. Freixas: Okay. So that's my motion. That's it.
I'll go with the Department.
Ms. Basila: What is the motion?
Mr. Alfonso: What is the motion? Go again. What is
the motion? Repeat your motion, Mr. Freixas.
Ms. Baro: Why don't you let the - could I ask Mr. Vich
a second question?
Mr. Alfonso: Yes.
April 19, 1982 Item 1
-34- Zoning Board
Ms. Baro: Roberto, may I ask you a question?
Mr. Vich: I've been trying* to make just one item clear.
The survey that has been on rile, which is the survey that
Mr. Perez has; which is a copy or the survey that I have right now.
It says,"usable upland area total of 12.05 acres usable upland
area." Does it or doen't it say it?
Mr. Perez-Lugones: It says that, but that is not what
I'm referring; to.
Mr. Vich: Okay. Plus cove number two submerged land
area equals to 5.116. If you add 5.116 acres plus 12.05 acres
of upland area, as per the survey, that comes out to be 7.166;
which is the figure that have been used from the very first day
that has been accepted by the Zoning and Planning finally agreed on.
I mean that clarifies, I think Mr. Perez, one of your 12.065 that youare
saying.
Mr. Freixas: Okay. So they're comfortable with my
motion, Mr. Chairman. So.
Mr. Vich: Does it comply with what we filed originally?
Mr. Perez-Lugones: Yes.
Mr. Vich: Okay. Let me point out one more thing. The
1.44 FAR that we were saying is based cn,1-1hatit's called on the Code
as a site - The 1.44 comes out from the 1,189,985 square feet that
we are asking based on the allowed of 822,000. Okay, that's the
adjusted site as per Code that you find out in the definition of
floor area ratio. Floor area ratio is the proposed enclosed area
divided by the adjusted site area. Now this is the way we inter-
prete the Code, and this is the way we compute...
Mr. Alfonso: That's not the way that the Department
interprets
Mr. Vich: The 1.44. Okay, then let's - I want to just
make a motion and drop the 1.44 and go with the 1,189,984 that has
been on record; that you have and has been on record; and drop the
1.44.
Mr. Perez-Lugones:
me a total.
Mr. Vich: 1.59 FAR.
Give me an FAR number. Don't give
Mr. Freixas: Mr. Chairman, Mr. Percy...
Mr. Percy: Mr. Chairman, I would think that the Board
should decide what - they recognize what's been requested and if
there's a disposition on this Board to grant some relief, to grant
relief and let's move the item.
Mr. Freixas': Okay, I going to - Mr. Perez, please - I
going to make this very simple. You said that it has to go with
the survey that you got one hand, right?
Mr. Perez-Lugones: I want to make a correct in regard
to that. I see where Roberto is calcualting the 17.166. There is
an area between the seawall and the upland boundary, which it's
in here. Okay. And that's how he's obtaining the 17.166. I'll
accept that figure.
Mr. Alfonso: Let's finish this.
Ms. Baro: Okay.
April 19, 1982 Item 1
Zoning Board
-35-
Mr. Alfonso: Let's finish this. fie say 1.59...
Mr. Freixas: No I say 1.44• That was my motion.
Mr. Vich: I said 1.59 or 1,189,000.
Mr. Perez-Lugones: Okay, I - let's go back to the net -
to the land area.
Ms. Baro: Mr. Whipple wants to say something.
Mr. Alfonso: Mr. Whipple.
Mr. Percy: Mr. Chairman?
Mr. Alfonso:. Mr. Percy.
Mr. Percy: The suggestion is that the FAR that's
requested, the 1.44, based upon the total square footage per the
survey on file.
Mr. Freixas: That's it. That's it.
Ms. Basila: Whatever it might be.
Mr. Freixas: Fine, whatever it might be. Yes.
Ms. Basila: You're going to work that out before every-
thing is put down A, B C, right?
Ms. Baro: I'll buy that.
Mr. Freixas: That's it - 1.44 with the survey that
you go on file, which should be 17.166 or whatever you said with
that area - that Mr. Perez just accepted now. But you know we're
not mathematicians here. You know, you got to get this. We've
already been two and a half hours on this and we just can't get it.
So that's my motion, Mr. Chairman.
Ms. Baro: Two hours. Two hours
Mr. Alfonso: Okay, second.
Mr. Perez-Lugones: Let me make a ...
(voices from audience; away from mike and inaudible).
Mr. Vich: well it's a matter of interpretation in way
of FAR...
Mr. Freixas: That's for you to decide later on.
Mr. has accepted your figure of 17,166.
Mr. Perez-Lugones: I mean 17.166.
Mr. Freixas: Whatever. He accepted that. Now you have
to go and show him that that is there. That's all.
Ms. Baro: Mr. Campbell is not in agreement now.
Mr. Freixas: What's that?
Mr. Baro: Mr. Campbell is not in agreement now.
Mr. Freixas: Well my motion has nothing to do whatever
they agree or not.
Mr. Alfonso: Mr. Perez. We have a motion and a second
April 19. 1982 Item 1
Zoning Board
-36-
Mr. Perez-Lugones: Very well, Sir. The motion is to
grant as per plans on file stamped March 23, 1982 for the Tower
Structure and April 16, 1982 for the Parking, Structures. The rest
of the numbers remain as they were discus"sed before as per the
land area represented in the survey, including the submerged areas.
Mr. Freixas: In the survey that is on file?
Mr. Perez-Lugones: Right.
Ms. Baro: Alright, let's go.
Mr. Alfonso: Call the question.
The motion was passed and adopted by the following vote:
AYES: Msess. Baro and Basila
Messrs. Alfonso* Freixas and Romero
NAYES: Messrs. Gort*and Perry.
Mr. Perez-Lugones: The motion to grant as stated on the
record carries 5-2.
*(DISCUSSION DURING VOTING)
Mr. Gort: No I don't think - the plans are very good
and we do need for middle income in here, but at the same time I
think that this is too much density. I vote no.
Mr. Alfonso: Well, before I vote - you have 4 vote yes
2 vote no so my vote is not going to change anything. So I'm
going to vote yes.
Mr. Perez-Lugones: For those who are interested, there
is a fifteen day appealperiod. There is a procedure to follow in
order to file that appeal. Please get in touch with my office in
order to receive information, if there is anybody who wants to
continue on an appealed route.
April 19, 1982 Item 1
Zoning Board
-37-
STATE OF FLORIDA
COU'LlT'i OF DADE
CITY OF MIX-TI
I, RALPH G. ONGIE, City Clerk of the City of
Miami, Florida, do hereby certify that the attached and
foregoing pages numbered 1 through 3 inclusive, contain
a true and correct excerpt of the Minutes of a Meeting
of the City Commission of Miami, Florida, held on the
27th day of May, 1982, in connection with an appeal by
Sunset Villas Condominium Association, Phase ILIA, Inc.,
of variances granted to permit construction of an apart-
ment project (Jacarol Bay Club) at approximately 4865
N. W. 7th S,reet.
WITNESS my hand and the Official Seal of the
City of Miami, Florida this llth day of June, 1982.
Ralph G. Ongie
City Clerk
Miami, Florida
(0�1"icial Seal) '
Deputy City Clerk
eir. Joe .:at__s. Mr. Mayor and mer^:cers of Com. ission, I'm J
..•�oe
;fatth_:s wit the law firm of and Biondo, 25 S. E. 2nd Avenue,
tdiami. I am here on behalf of the petitioners, the 91 signatories to the
petition for appeal of this and the Sun -set Villas Phase III Association
and its President, Darjelo Garcia. I an here in the hopes that I can con-
vince this Commission to stop the City from making a mockery of its zoning
Ordinances b; giving extraorcinary priviledges to some unknown individual,
person, he, she or it who will not come to the City and tell you who it is
because that individual, whoever it is, has an agent here with the political
savvy to atta_:: the words "middle income housing" to the project and fly
through the Zoning Board on the basis of that alone.
Mr. Carollo: Excuse me, sir, you're saying that in this particular project
the owners are not known at all?
Mr. Matthews: That's correct, sir. The owner, the legal title holder before
the Zoning Board, is Central Bank and Trust Company. An officer of Central
Bank and Trust Company appeared here and indicated that he holds, that the
bank holds bare legal title and it is not authorized to advise the Commission,,
excuse me, the Board at that time, I do not know whether the same is true
today, of the beneficial owner. And the only thing that I can represent to
the Commission is that in February or March of 1981 an officer of Central
Bank and Trust testified under oath in a Circuit Court proceding that the
beneficial owner of that property was a corporation called Jacarol Bay Clui,,
which I don't think it takes any major jump of logic to see is Jack and
Carolyn Weiss, but that is as far as I know. Mr. Carollo, does that answer
your question? As far as I know today, there has been no disclosure of the
beneficial owner of this property. If you want, I'll proceed.
Mayor Ferro: Well, wait a minute, let me see if I understand this right.
Do we know who the ownership of this property is on?
Mr. Matthews: No, sir.
Mayor Ferre: All right, are you willing to disclose that, representing th.e
owners?
Mxs. Carolyn Weiss: My name is Carolyn Weiss, President of Intercontinental
Properties. Mr. Mayor, City. Commissioners, I have here a letter with me
from the Central Bank and Trust Company which I would like to present to you
here at this time together with some information as to the project, if I may.
Mayor Ferre: ;-,'ell, I don't wart to accept any information as to the project
until we get to the issue of who the owner is of this property. Now, does
this reveal the property ownership?
Mrs. Weiss: Well, it basically says that Intercontinental Properties has a
Management Agreement with Central Bank and Trust Company. Central Bank and
Trust Company has a land trust for beneficial owners.
Mayor Ferre: Carolyn, this Commission took a position after the lierald's
story of a few days ago that we would not deal with any issue where there
was not full disclosure of the ownership of property in the same way that
Metropolitan. Dade County does. Now, our ordinance was passed this morning,
it was passed! as a resolution. Unless we have full disclosure, in writing,
of who the exact owners are'of this property then we cannot deal with this
issue.
Mrs. Weiss: Well, the only person that can disclose the owners would be
Central Bank and Trust Company.
Mayor Ferre: Well, you ask them to disclose it and we'll deal with you.
Mr. Carollo: Let me ask this, if I may ask you this, Mrs. Weiss: This
power of attorney that you have is only limited to your representing them
for the variance changes?
Mrs. Weiss: I get authorization from them from time to time for different
purposes.
Mr. Carollo: What I'm stating is that this power of attorney that is in-
cluded here, what it states here is that you have the power of attorney to
represent them on these variances on this property, is that correct?
l t."^Y 2 7
r
Mrs. Weiss: That's correct.
Mr. Carollo: Does it state anything else other than that?
Mrs. Weiss: I really don't know, I haven't seen it since I presented it
to the variance board.
Mr. Carollo: You haven't seen it?
Mrs. Weiss: I haven't seen it recently. I have a copy of it here in front
of me.
Mr. Carollo: Well, the only thing that I can understand is that the only
thing you have power of attorney for is to represent the trustee on this
variance or variances having to do with that property.
Mrs. Weiss: That's correct.
Mr. Carollo: Nothing else. I just wanted to make sure that what I read was
correct.
Mrs. Weiss: Well, the letter that they gave me basically says more or less
the same thing and that I have the right to be before the Commission today.
Mayor Ferre: Mr. City Attorney, based on the posture of the City of Miami
Co,,,rission on this question of disclosure, would you give us your ruling as
to whether or not we can deal with this issue at this time?
hlr. Knox: Yes, sir. You adopted, prior to the adoption of your ordinance,
you adopted a resolution which forrally expressed the will and the policy
of the City Commission. The adoption of that resolution can operate as a
so-called red flag and it operates in the same manner that the red flag
theory operates for moratoriums. So the answer to your question is that you
have a right to make a determination that this matter should not be considered
until after the effective date of the ordinance.
Mayor Ferre: The Chair so determines that item #10 cannot be considered
until it complies with the intent voted unanimously by this Commission of
full disclosure of the ownership.
Mr. Matthews: Mr. Mayor, if I might ask just a procedural question. Unfor-
tunately, the posture of this particular item is such that my clients are
the petitioners, are the appellants, and as it stands right now they have
the authority from the Zoning Board to go up there and throw seven seventeen -
story towers, whoever they are. The Zoning Board has already granted those
variances and my concern is....
Mr. Plummer: But that is stayed on an appeal.
Mr. Matthews: Is it? Okay, thank you. That's all I'm asking, that's all
I was trying to do is confirm that....
Mayor Ferre: Now wait a minute, please. On the record, Mr. City Attorney,
tell us that•this matter is continued and that that stays, any... that these
people in effect, and dejure, do not have variances granted.
Mr. Knox: That is correct.'
Mr. Matthews: Thank you, sir, nothing more.
Mayor Ferre: Is there further discussion on this item?
Mr. Jack Weiss: Mr. Mayor, I'm Jack Weiss. Are you saying that this matter
is deferred at the present time until the next agenda?
Mayor Ferre: That's right, the next agenda if there is compliance with the
full disclosure requirement. Once that is done then there is no problem,
then we'll hear it.
Mr. Weiss: I see. Now, this particular ordinance, or the resolution rather,
• that was passed today, so then it has been carried and we are riding under
that ordinance?
Mayor Ferre: No, under the resolution.
Sr. So in Ct :er wor-4s, if this had oc. urre'. yesterday then we
would have proceed e.4.
}Savor Ferro: What brought this matter un, Mr. Weiss, was a story in the
Miami erald which dlStln-uishei the difference between the nosltlon of the
City of Miami and "etropolitan Dade County. Now, there was another article
on a completely unrelated matter dealing with our purchasing procedures an
we're going to modify them in the same way. So what this cc-, ission did was
we passed both an ordinance and a resolution. So in other words it can be
brought up at the next zoning hearing which will be in June.
Mr. Weiss: Thank you, Mr. Ma::or.
Mr, Matthews: Thank you, Mr. Mayor.
r Ferro: We'll see you then.
�i�::�'-�.�L'`.Y3._ .....��.Ailrc'�'--Bg�GS�i s•'r!•'••�:.__-,�,+:iii:`%
.i
• ` 4' i
Mayor FerreX We'll take up Item 31.
Mr. Plummer: 'r. Mayor, this, as you know, at your request I me4 with the
people, the par 'es involved. I think we have worried out an a`-eeable sit-
uation with the .lboard Racing Club, with the Champion, with �'r*he City and
everyone concernec. What this resolution before you sir..tlrates, Mr. tiSa::or,
is in the interest f safety that for a period of the next two years that if,
in fact, boat races a to be run in the Marine Stadium tat there shall be
no reduction in the slof�e of the pit area which would ,,,a: It for a dangerous
situation. Now does antibody have a resolution? You'v got one in front cf
you? Give it to me so I\an read it, and I would as. this Commission....
You've got it? Somebody cave me a 31, please.
Mayor Ferre: I have it righ\ here. Here you arF, Plum.^ler.
Mr. Plu:^::er: I'll read it. A resolution of tent of the City Commission
to restrict encroachment upon th ,existing bc? t pit area at the Marine
Stadium excluding any area that has heretofore been authorized for other
use and subject to the provisions \at the#City does not sell, lease, dis-
pose of, change the use of or closea aid stadium over the next two year
period. Mr. Mayor, there also wentw.,' this the possibility of the Florida
Inboard Racing Association sitting dowt, with the administration to negotiate
out, if they wish, on an annual basi�, a .eduction in rent for a volume num-
ber of events. That was also incl�ied. Mayor, I urge the passage of
this resolution. /r N
Mayor Ferre: Pass it back to rV1 now, J. L., Np I can see it. All right,
there is a motion by Commissl ner Plummer, is dzere a second to the motion?
Seconded by Commissioner Dams, further discukion?
Mr. John Thomas: Mr. May ir, could I have a clarification on this issue,
please?
Mayor Ferro: Yes, of,/course.
Mr. Thomas: I'm Jo`fn Thomas, I'm an attorney for Marina b'scayne Inc., the
next door neighbc to this property and for my information could you de-
scribe what it fens to about encroachment upon the exlstl:. boat pit area,
in specific to s does this include the area where boat rack are now being
built in the it area?
Mr. Plumm No, sir. It states, Mr. Thomas, very clearly that` othing
that has een done heretofore is in part of this resolution. We a e not
going 4be taking racks down to enlarge the size.
7benning
omas: The racks are not actually built yet, there are racks tha are
to be built. I don't believe that has ever been a permitted eas come before this Commission and I would ask that these boat race permitted to be built in that area.
Y ? 7
•J
QAKE OF RCSIDEMI
'
/
/
' /
/^=