HomeMy WebLinkAboutItem #13 - Discussion Item!pHN P BAPPET'T .! D
WILLIAM L PpGEP', •J D
LUrILLE VON AP- J U
JOHIJ A MARr�OL�;,. J U
NEISEN O vn-D1'J J D
CC) N S E L
ALAN GM TN J 1,
13vRr?t.r-r L`k, Roc_.N ins
ATTORNEY` AT LAW
NEW WORL.0 MWEP BUILDING
100 NOPT- BISCA'iNE E30ULEVARr.
SEVENTH F-L�JOP NOP7f4
October 25, 1982
RESPONSE TO CITY ATTORNEY'S
MEMORANDUM OF OCTOBER 12, 1982
RF : J't ROL BAY CLUB
TELEPHONE 374-II31
APEn �oDE 3C�
VIA 7RT
The City Attorneys Memorandum makes several findings:
1) It ayr_ees that Ordinance 9419 was invalidly
enacted on May 27, 1982 as a non -emergency
Ordinance;
2) It concedes that Ordinance 9419 "does not
purport" to he an emer,lency Ordinance; and
3) It contends that Ordinance 9419, when nroperl}
enacted, will have retroactive effect upon
Jacarol Iav Club's application.
To support the retroactive contention, the Cite relies
upon cases i.napplicable to the instant matter %.jh.ich do
not conform to the :most recent Florida .'appellate decisions.
ComI'lents follow:
1) The City; relies heavily upon City of Boynton_LeaCl�
V. Carroll 272 So.2d 1971(Fla. 4th D.C.A. 1973) - a case
involving application for building permit after a change
occurred in the zoning laws. In Jaca.r.ol, application
for zoning variance %•:as filed months before passage of
Ordinance 9149 was attempted;
2) FS 166.041(4) requires that:
",M. Ordinance. or resolutions passed by
the govornlny body shall become effective
ten (10) days after passage or as other-
wise provided therein."
'•loreover, FS 1__60.041 (0) prevents a municipality from
attempting to "lessen or reduce" such requirements.
(Continued)
M
N
Response to City Attorney's
Memorandum of October 12,
1982 re: Jacarol Bay Club
Page two
Proposed Ordinance 9419 lacks a specific effective date. It
can, therefore, only become effective 10 days after its for-
mal passage as required by the cited Florida Statute. See
also: Opinion of Attorney General 0730472, December 19, 1972;
3) The City attempts to distinguish Stone v. Town of
Mexico Beach, 348 So.2d 40 (Fla.lst D.C.11. 1977), a case
factually analogous to the Jacarol matter. Therein, liens
to collect garbage fees were filed by the City prior to a
foreclosure. The City attempted to amend its Ordinance to
include imposition of Attorney's fees and costs. The Florida
First District Court of Appeals held that the Amendment was
inapplicable to the prior garbage liens stating that
"...a retrospective statute pertaining to civil
matters is not per se unconstitutional (citing cases).
Such a statute may be held invalid if it impairs the
obligation of contract or vested rights."
The City's memorandum,liivint, Lwjjed the quoted language,
chose to ignore the sentence that followed. It stated:
"Retrospective legislation ma%, also be invalidated
V.hen a nee; obligation or duty is imposed or an
additional. disability is established in connection
with previous transactions." (Id. at pg.43)
Jacarol. involves �)n a;)plication for zoninc_t variance.
Stone, supra - despito the Cit,.�'s attempt to obscure
its meaning - cl-earl,! prohibits the retroactive application
of all Ordinance crc�3ting new obligations or duties or the
establishment of additional disabilities in connection
with previous transactions.
Stone, is in direct accordance with the Supreme Court of
Florida's earlier decision in McCord v. Smith, 43 So.2d 704,
Fla.Sup.Ct., 1949. Therein, the Florida �Supreme Court found:
(continued)
It
J0'
d
Response to City Attorney's
?Memorandum of October 12,
1982 re: Jacarol Bay Club
Page three
"A retroactive provision of a legislative act
is not necessarily invalid. It is so only in
those cases wherein vested rights are adversely
affected or destroyed, or when a now obligation
or duty is created or imposed, or an additional
disability is established, in connection with
transactions or considerations previously had
or expiated. (Emphasis supplied)
The text of the legislation in McCord clearly stated
that it would be retroactively applied - a condition
wholly.- absent in Ordinance 9419;
4) The City of :Miami has willfully boycotted the
Jacarol application. The City's actions are similar
to those of the Gainesville, Florida Cite Commission as
reported in the case of City of Gainesville v. GNV
Investments, Inc., 413 So.2d 770 (Fla. 1st D.C.A.1982).
Therein, the City Commission, without notice, declared
a moratorium on any development of lands. The Gainesville
Commission had been apprised of G^V's project prior to
its declaration of the moratorium which, the Court found,
"...was all attempt to stop this development." (Id.at py.771)
The trial court entered judgment for the property owners,
which findiny was affirmed by the First District Court of
Appeals. The Court found, in part, that the moratorium
and resolution as passed, without notice, was an ineffectual
attempt to suspend and amend Gainesville's existin(3
Ordinances.
In Jacarol, tKe City attempts to amend its zoning Ordinances
together with all other Ordinances involving petitions
brought before the City Commission or City Departments.
The cases cited above - and those previously cited in my
Memorandum Opinion of September 8, 1982-prohibit retro-
active application of Ordinance 9419 to Jacarol's
application. There was no legal impediment preventing the
City commission from hearing Jacarol's Zoning Variance
Appeal on May 27, 1982. The Commission then wrongfully
(continued)
13.Eituvi-r it Root:u
A t,
Response to City Attorney's
Memorandum of October 12,
1982 re: Jacarol Bay Club
Page four
and illegally boycotted and tabled Jacarol's application
under the guise of the admittedly invalidly enacted
Ordinance 9419.
BARB TT__& ROGERS —
Jon K. Barrett, Esq.
li:�i,�l��:•r•r �ti ilc�c�l:ttti
.�. Howard V. Gary
City t1anager
/J {ur�lio �. Pere Lugones
Directcr
Planning and Zoning Boards
Administration Department
D11T 'lay 11, 193? F,L:
APPEAL BY OBJECTORS - VARIA'ICES GR4,,TED
B'f THE ZO'! 1'IG BOARD
APPROi;I'1ATELY 4865 NU 7TH STREET
COi P1,_. SS I O'± AGD!DA - i lay 27, 1982
PLA'1'!!'!G Pk';D ZO'li'IG AGEDA
The 11icri Zoning Board, at its meeting of A7ril 19, 193'2, Item =1, follcv:ing
an advertised hearing, adopted Resolution No. ZB 56-32 by a 5 to 2 vote
APPIOV:''�5 Variances from Ordinance 6871, as per the attached, on a portion
of land including lake bottom legally described by metes and hounds loca-
ed b green ',V.) 7th Street and Glide Angle Lace and approximately 11CO' west
�r N',l 411th Avenw:,; REPLAT (Complete legal description available at the Plan-
ning and Zoning Boards Administ.rati^,n Department), being appj-oxin,.ately 4365 ":1 7 Street.
Forty-`',u! obi cti ons recei v .d i n tihe rili l ; thirty-f 1 vt' opronents present at
the me ,',ng. Fcur responses in fa'.'or receiv-d in the nail; three proponents
present It the meeting.
A '?ES _; -:C'1 tvide for these :'ariances has been prepared by t.h,-� City
s 'Office an-d sub)rnitted for- ccnsider_:tion of the City Cor.I~rission.
AI ,L:nc
cc: La•;: :c.,,-, rt:i� r,t _
,!� �. ! ldnrilr,•.� Jc=[):'�''_ri��lht reCi�l",.?'-i:.rJt�On: �Ei.r1L.
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C «E. cif; .:. .. _.c SE•. r7
J--.EL— P7':)LE
ATTORNEYS AT LAW
C^J
__ 34
3 :D a a f - 55 7,1'>
July 21, 1982
Mr. Aurelio L. Pere-I,u�'oneS,
Director,
Planninc and Zonino Board
Administration Department
27.5 N.W. 2nd Street
Miami, Florida 33128
Re: Application of the Central Dank
and Trust
Dear 'Ir. Pere-Lu-ones :
This let Lcr Will con I- i rr:' telephone conference with
•our staff, to-I.;i.t: fictty ,'IaII-Cra, concerning the
he'lring on the ahove ref erred application.
Aftur discussin; it with her I have requested that
this case be dc;crrcd until -the September Conu;;ission
Ilcarin;" at which t ilac we will provide any necessary
documentations as per the new Zonin;, Ordi.n,irtce NO.,
9ItI �.
l'cr%' truIN• %•ours,
t
SIl1:R11�:1 K. 1,TISSFNPIORN
13.i l ,
ATTORNEYS AT LAw/i? ,f. i�� (� �;}I •J�r
CNAg,E4 C --- q
- ZCGL. .:ML]4G _, ALE
S•J'TE 502
S-E. oev _ ,�•�
- - -' P C apy 341.;59
C ..nq_cg ceq.
L JAeLES rl_r`.GI:)L 33'34
-
r�_ •. ^ E June 2 1 , 1982 (305 445 5,00
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 ComiDany, 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 rea_uirements by June 15, 1982 to get on the
'larch 24th agenda.
It is our understanding from her that by cony 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 frown the clients as to what
they wish to do.
:4e will keep you advised.
Very truly yours,
---
Sheridan K. 'Weissenborn
SX"' /1 b
cc: Mr. Terry Percy
Deputy City Attorney
City of Miami
June 3; 1922
Cer-t i f i ed Ma i t
Ms. Caroline Ueiss
Intercontinental Properties, Inc.
Box 1000
701 S.I.-I. 27th Avenue
t1iami, Florida 33135
Re: JAC„ROL REPLAT
4065 N.U. 7th Street
Dear '•1s. i1eiss:
This ari11 confirm our conversation ivith your office on this date.
The ap; : al of your request for variances to the City Cc -.:mission
cannot be heard until full disclosure has been made of all ovmers
of this project.
Please contact '•1r. Terry Percy of the City Lia Department in order
to cc;nply with these new regulations.
This inforr.ation must he suh;,;itted to rr; office no later- than 5:00 P'•1 _
on rune 15, M2 for this item to b,� placed on the June- Planning and
Zoning acenda of tho Cit_, Cc:: -.:mission.
cur 5 truly(—CiL
V V
Di reCtvt'~
Planning and Zoning Boards
Administration Department
AEPL:bpm
cc: Central Bank ° Trust Co.
Roherto Vich
Joseph ;1. ',1atthei;;s
Terry V. Percy, Deputy City Attorney
t
f l IT�i n- 'I (
GERAIO J. ^'41:C
M. API ST�•JA .. n.^.E•:�
PE':- V. ra IJP
Pia•, a, 19S2
�jTW,vi.i) '_k Biom_)o
PPO�F_SSIO'JAL '.SUF OC!4TlL:'��I !) •�
ATTOMS FYS AT LAW
S37 (W-,q ARAM nUILOI'1
25 �-,O•JT-EAiT 21- A`Jn'I!JE
MIAM1, FLOPID4 33131 TELEn":: ':r A'-C --�_-- `-�
TELEX ITT 44I3_'
NOTICE OF APPEAL
Executive Secretary
Der,artment of Administration
For Planning & Zoning Boards
275 N.N. Second Street
Miami, Florida 33133
ATTMr. Aurelio Perez-Lucones
RE: ZAB R'tLsolution Number ZB 56-52, Granting
VarianC;_�S to ;>,npro:•:imately 4263 N.N. 7th
Street/Jacarol Bav Club
D'�;.r P•ir . Pt'L".'Z-Lu�:o;1;.'�.
You are here1),. gl':eI1 I10tice, iI1 accordance with
ArtiC.1 -2 .1...:I , S-_'CtiOn VI (1) , C(=D'_Ch^I1:;1 :'e 1,0.1in0 Orc! na;lcC
Of florid,:, that Sun:�t't Vlil,:s C:ondominilLll association,
PI1::�•_ lilii, 1nC. a;1Ci Dar<jl_'10 Garcia, rocillest ti1C City Commission
to rC'V _.: Re ol.ut_ion :`;l::;li cr. Zia 56-52 of the Zoning Board,
On A"-ril 19, 1952. Su;:: _t Villas Cor.c;:. liaiu;n Association,
i'.1_:.. II1:1, Inc. is a non-i:rofit corroration charged by Ch.:-D-
7i.�, Flur:JCia SLat-u�t_:_ anc tilt Dec 1_arat10I1 O: CO::CCI;11I1111;1 for
Vil_la:; COnC:Ciialilll::a PI1:;aC IIIA, P.lth o.;t?r :ticn aIld i^«llil�'a-
n of all coIllIilon G1CI::';1t S appurtenaIlt_ to the 440 condominium
ulli' : cc:.iprising Sunset Villa.; Condc:.Iinium, Phase IIIA, for and
on : I.hal_f of its individual. mc�mL_ 2r/unit o::r.crs. Mr. Darrelo
GarCll 1S tia2 OldIil r of a Conc:c:-Liinium unitL locatcd. at 4805
71L!1 `itr:'C`t, Unit i107.
Ttl,2 real property in questions is described as being
l:,'c..t'.11-- ,-:t ar _;ro:..irl, _Iv �1565 N.W. 7th Stract, consisting of a
pert-O;1 of lulld including lake bottom legally described by metes
anti ixolulcis, located bet::t n N.I.I. 7th Slreot and Glide Angle Lake,
at a: rO::i:l.:tcly 1.100 foot we.—,t of N.N. 97th AvOnue. (complete
lu'.al description available at the Planning and Zoning Boards
Ad:;li;1.ist-r:ition Dopart:,ont) .
E-cl.Ost_:d ploaso find a copy of th', Resolution of the
Board of Directors for Sur:;ot Villas Condominium Association
Department of Administration
For Planning & Zoning Boards
Miami, Flcrida
Ma% 3, 19
Second Pa7.3
Phase III'.., Inc., duly enacted at a meetin, of the Board of
Directors .:e1d on Thursday, April 22, 1982. Also (,-nc'o:.eCi please
find our firm's check in the amount of $500.00, representing the —
fee fcr I J ng of this appeal.
You are hereby rec:ucsted to certify this request for
retie; to `he City Commission through regular channels.
Dtr o GI-ircia
Very truly yours,
SUNSET VILLAS CONDO:•:I::IUM
ASSOC I:iTIO PHASE IIIA, INC.
J011ZE,11-11H as
-
U:i:i;i'i3O
M r-Ivl.\1. \1.1) .1 IlIO\ 1)O
ZONING FACT SHEET
LC:.A77 + LEGAL Approximately 4365 N.W. 7th Street
Portion of land including lake bottom
lenally described by mates and bounds
located between N.W. 7th Street and
Glide Angle Lake and approximately
1100' ':rest of "1.':J. 47th Avenue
RE _AT
(Complete Legal description available
at the Planning and Zoning Boards
Administration Depart7ent).
OWNER APPLICANT Central San' onj Trust Company,
as Trustee u cr Land Trust No.
EO-0-123-15
c/o Nelson N. R'^I i raz
Vice President and Trust Officer
1313 N.W. 36th Street
Miami, Florida 33142 Phcne -635-3221
intercontinental Prr,`pryrties, ;no.
c/o Caroline Weiss, Agent (Legal Represent,. e)
701 S.W. 27th Avenue
Miami, Florida 33135 Phone-613-622-1
ZE%:. ;: R-4 (Medium tensity lultiple).
Var i ce to perm ccnstru, ,.i n of a 9S1 -unit
apictTant project (Jacarol Bay C 10) uns . st , ng
of seven 140-Unit typical tower structures, 3
pa king structures and an xi sti ng 4-s te' y
recreitinn building an above site. as per pl :!is
on file 0. ,, _i 1 O. 26 11 by the Planning and
t
ZC! i!1'i u�`.i!'... Administration Dvri'r't'-'l'nt, with the
fol1swing variances:
UK '{AK: TGno: 5: 36' proposed (31.5' requiret.
To,.; 7. 60' proposed (31.5' required`.
YARD AD,; ACE'1T 'I J PU i : C OPEN SPACE:
Towers 1,2,3,4 & 5: 20' proposed
(42.5' required).
F',^R70TAL DISTANCE SEP RA,T:O'1 BETWEEN TOWERS:
Betwoen Towers 1 F. 2 : 30' proposed (31 ' required).
Between Towers 2 & 3: 80' proposed (91 ' required).
Between Towers H 4: 80' proposed (93' required).
Between Towers 4 ,v, 5: 30' proposed (103' required).
Between Towers 6& 7: 75' proposed (35' required).
PARKING STRUCTURE (PS) EXTENSION INTO A
REQUIRED YARD:
P.S. No. l: West 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 :S HT OF PARKING STRUCTURE (PS) :
P.S. Ia. 1: 42.5' proposed (12' allowed).
P.S. No. 2: 32.5' proposed (12' allowed).
P,s. No. 3: 32.5' proposed (12' allowed).
FLC5R AREA RATIO VAR) : F.A.P,.:
1.75 proposed (1.1 allowed).
Proposed project subject to reolatting prior
to issuance of Building Permit.
T n•�
Rt�� 7. 'E';D�� ,�S '
PL ;G DEPT. DE';: AL. There is no hardship to justify
the requested variances, particularly in light
of the fact that the requests exceed ;chat is
permitted by existing regulations thereby _
not denying a reasonable use of the property.
The floor are: ratio request is tantamount to
a ch nge 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
d': vel op2d in accord with the zcni ng existing
In the area. -
The requested floor area above ,ghat is permitted
represents an area of 483,000 square feet or
2.5-1, +c,,vnrs of the seven residential towers
proposed. At the proposed 140 dwelling units
per tower, the request represents approximately
370 d yllir g units above what would be permitted
using the design criteria established by the
applicants. The 370 dwelling units represents
615 parking spices or approx irately 260.000 square
feet of lot area that could be devoted to usable
open space; and which exceeds the number of
grgjnd level parking spaces proposed; or which
would eliminate two of the parking structures
and reduce the third (larger) parking structure
by a story and a half; or ;ihich ':could 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, am?nities does not respect ther-
fr,nr. re;C'.lrc-_s, is out of char?Ctc.r ';iith
e x i Stl nr1 1 an - us= and z o n i ng and over cur ns
the land area available for deveIoa rt.
Finally, it, sho;ll d be noted, that al t'r.(,.ich
the Airport height regulations 311U4 buildings
to the prc:;�sr2d heights in this area, the
prox41mity of the subject devel^p;-,ent to
Mia"J intc-rnational Airport asserts an unnee_::
pressure of en residents of the develop-,ent and
the airport cc -,,,unity, ':lhich could be trT^tired
consideraJly .,Jth cc:T,pliance o he eristn7
zoning re;uireTents.
Ent. ante dr i . _.. y to co n m to C it;'
Z _ I h i s i t�^ !l'. ^"?'1"C'd ft'o:'i the zc',
D_ ': T1 r, C ;ir"t nt has ha ._^ _. `_:;i4
toproj�Ct with the ap,,,1iC nt and
rnr '; ;"iC,—,1 4 `.;, plans an5 have bei'n f���:_:�2 ; Ur -.1 t
t0 S dy:.1�. iCn, i107c�'v"r no+1lSt�r;ii.'.q
tf','' lf''.i`. ntS t0 tl;e p1,oJeC.` tL"e ( 1CO3r
P.�:t S e::c : _ i ve and there i S no har _7!1 to
r,
just : `y the ."e:,,1.2sted variances.
ZC'+:', 50ARD Granted on Apri 1 19, 1982 by a 5-2 vote.
r
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- ---------
W. 7
NOTICE OF' APPEAL
Executive Secrctary `
Douartrent of Administration
For Planning & Zonin i Boards
275 N.W. Second Street
Miami, Florida 33133
ATT':: Mr. Aurelio P Y—:?z-Luc:ones
RE: ZAB Resolution Number ZB56-82, Granting
Variances to Approximatcly 4865 N.W. 7th
Street/Jac arol Bay.• Club
Dear Mr. Pere z-Lur.or.•_ s :
You are herb; given notice, in accordance with
Article XXXI, Section VI (1) , Comi:reh,ansiv,:2 Zoning Ordinance
of '-Iiami, Florida, t'.:at the und•_�rsicjnud r,ersons aggrieved
h•,- Rusol,:tion Nu;iber ZB 56-82 of the Zonincr Board on April
19, 1982, recuest the Cit-. Commis Sion to review the decision
of the Zc.ning Board. The uncl,2rsigned represent greater than.
10 of the property c•::n:2rs ..ho were entitled to receive notice
Oi thL p'ub is ;,earir. at t•lhich the variances were granted.
T.-.e real pr:: ,rt in cqu ,scion is described as being
loc'-tccl at 48r.3 N.W. 7th Str•,�_,t, consisting of
a ..ortion ofland ir:,ludin : la:;e hottom lc.cm-illy described b•:
rl�t s ar.: 2ou :ds, N.W. 7thlStroet and Glide
An-'.,-- Ll-,: , anci ;L, : t:..t_i 1100 `�,:�t WeL.. of N.W. 47th
A:_ .u_ . (Cc: l tc. 1__ al dt_.3cfi-.tion avaiiabik_! at the Pianni:.;
& i Cn i::c Dept:,, Iit�
• You ar,_ her-.:. re.: stec? to certify this request for
to throuIrh rep: ;lal: channels.
S]" : ATTI�`�CIIED LIST
JOSEPH M MATTHEWS
R--sidonco 70d-,-oss
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April 19, 1982
Robert E. Tingley
4841 N.W. 7th Street, `205
Miami, Florida 33126
Honorable :�Iembers of the .Iiami 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 the
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 a11o;:-ed and has further requested per —mission to reduce the
required open space between the other buildings in the area,
nar.ely Sunset Villas.
Although the address is shown as apnrox.imately 4965 N.W. 7th
Street, the development proposes to erect an unly parking
structure on the S E. corner of the subject property adjacent
to my condominium ;,hick ..ould, if granted, deprive myself and
the other residents of Sunset Villas of light and air, not to
mention the noise generated by a narking garage due to the fact
that the requested variances if allowed would place the structure
too close .to our homes.
The Cit•; has regulations governing the setbacks from the property
line and the distance between structures. I would urge you to
enforce these yard setbacks bv_ d=�,i.n- the arnl icant' s qv'est
for reduced vards adiacent to the ne*-h!)n-r . develo^Tc�n:s and
�..
to den: 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 e:.a_ense of the neigh-
bors.
I would also urge you to require the applicant to lushly landscape
the required side vards so as to screen these parking structures
rpm t.:— e a jaccnt properties, particularly the southeast corner
of the subject property.
Sincerel,, ,
C
/Robert E. TinC,�;�1
14
GE-:::.G .. L..::
�I.\i W 6, 13tc��uc�
AT TO PNE i-, AT :.V,
April li, 1062
Citj of Miami Zoning Ward',
c; c •.r . Aur e 1 io Pc rE Luycn,.
Planninc. ann Zoninc
Ap _alz Board AU[: iniE`_r =UiC[1
275 N.W. Second Street
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M I I%'AI. "'AI.I .` IIT(1N I)c�
city of Mr.i mnin . scar(;
April 19, 1962,
—C—
Perhapr the 1',ust significant `rmac'K1 prkileqshich : _ pl i-
cant seeks is the richt. tc construe: three zuIti-;tUr': rarkinc-
cr'r agvs. rC) SL•CK rIrkinq Str_ tUrr.r 0XIf.t in U,e iMreC:._._�
neiC:l.LGrl(C.cd subject to R Dia`_rlct".. r'1:L_• Wi11 rad1Cal_y
altir Ue character w the nyi, .1,r-r};mu, YUK ..0
Grant Of Re va _Dnc`.S r_ :U'.-c.`_ a to* the apy . iC'Ln t .:cL i ,
y' clearlconstitute E4wh 1i
Epecia1 r1v i 1nu _ye wou10 c . a(.1-
ca I I a l `_er the immediate ne ightoor hcc; , as :U be cQi._ 1.. a e c
means SuLv mini t..e 1a ful zoning aL_.lr:S000E of '_ n W n!
III. Grant cf tne rl,ci:_.rled vor i -.r.c—E iE net. `KF-
r'.ir11:.un act 1on nece. c v. tC: MakV C'C.C_` i b 1
Q. pearl`_ has r..Ke nc nifvr`_ r.. `_ 1 tC ...1 `r'. _
F l a; r'_ C' to 0 \ _ i antes F .. -. .. -
. i' 1 i. ] 1. r' - - - 1 C'' � C• - - -
r :k.. 1 c.._ ible _ re accr.nble ,_r'e cr i rr _r t_ Tc `_I.e cc. -
1'.
t._L / the ur1rir.a1 m a E t u r 111_.a iLr CLna`_r �i -n C,1 "n E-
w'111as, w L 1 c h con`er_lla`_uc CUii:.Cr.:Ctivii G: 4 U U cc"wn, ir.i'..:•
Uni cr. ` O -:1, l ic_:r._'c�
1rn l.`.' z ^w (. c i.., _ _.. .::1_ _ ...__
U:.n of. the •'rup ir`_y. it t.- only the inclusion Ui f1 = W
tLVMV:y0V 1 c f r r r c. l L L r - r• " -
Cant'L luntorvc_'_:_ 6r:ir`_ to LLilu IKQ Thy ..•aL Ur7_`_c rur7i7
a I-OVeN tJ }: i.l id more thou c twice UU WLnLtL Cl U:lir �rl Z.._
c( r:`_'_1. v T_'.... c r. a l r.... 1 1 r1 r c_. .: r t C P_ i. . a ._ _.. c n i., .1_ _ u_
:1: _ r... i rl`_ "nv. ( 1 ' 11 _- i:C .. my r . . : l I r _ ntS _ Lr ':
`Ye _ ..1, ( , ..(. . 1 ....'-' .� Lo UY W'_ -•(. . _.r . -.r;C. _ 01 . • IOrr 1 _
.,r1']�Cv 1 ..1!_i. t. ...1' r
i. P . • 10 di KF 1 t 1 . 1 . CoLt . .. 1 Awl 1 NO i. r cc _ _ . (- 1 11 r.' 1 ti• i. t C. � .. (J l (' .
:N M it:,, app1icon! Eook_ to r r..:'..ul'_ r-s Went ial r,l:i...lr.
an" f•ar..lr U qD!&jVC Cot Wi l i tC.Yt.. C.\ S"n 1..Gi. into c.Qn -nt
reslGuntlal builGings.
K irc .-Ut !_.. •_r..f..0 + lc;,., :.....inn r.,. 0tKvr L a W i C f 1,.11i-
ti0s in th,- ..c•♦ - .i,,...6u.: .. i 1 1 t,•. r:.. _r"ru . .'-.t• uwnt-r. , - .est
a.:(. v 11 i tr r ., or ., .f;—Ln i � . i r. Sur.ow , i 1 1 iL FhaL 1: — ..
rrt'_ .-n'_ i _ cc. , e r. • L11 E.-_1Ch G! L _. f C . aviiiable Ur:—_ _. _ e
�I1'Ii.%1. \\'.\1.1) \• I11I(\1(()
C'11Ct Miami Y(nind .Marc;
AF i 1 19, AM
Pac - i -
parE;ny, %:111
nc`_ c K v Eecviw: nc
rE'11E1
this 3c3rd's
1976 Waiver of
Plat,
they
CLIPe`e V:1`_1'1
the VisI!C S ant-:
YU
tS Cf
ccns`_ructea.
;her_ is simply
no
basis
nyi 'vLaUccu
to thin type :f
ir,_'_ir,
Yr1Er1
r_ .ica11r• U1:t
of 1, a r r czy w•it1:
t L e y nne-:
:1
frcrl efiF_ct cf
will be forces to
t1,_: 5 8 G - U n i 0 Y tc be
for subj coin j this
the `.ter 1oncE_ are co
intent of LKY zon in,-.
Applicant shcU1C riot he pe rP itLeu a c_ncit1
of 9K units an the subject prCP.
AF _ 1 is ant relies u cr. ohe or_ inic N of _1.. Cit. .. _..i,.c
LEpartr ent. and T.ega l lepartment t h i t the f.:e 5cr1__. cf.
sa.;
r., LYK l .r.u.. wLich -.; iicant o•r.r s rray Le incluue. for pu
cr:'
cf ccl;_ Mint: density. r.F_ lice%_ rs:l i- s L c_.. t1._ Unini0n GI
thy.
(_lt I An. c r n 1 Y Ua`_0d r.'__11 r, 10B ::n" t1.'_ G_ClwiCr1 Of `_.._
_.`
Cc:.M1..Zion in the F.A.D. a. plicatiuN for the Santa Xari=.
Pr(.. 'ct. r Ur Client . _ T .:L'`_ Li r. u:?l.l_`. '_L '-i._._ the untirn
. i .`.
with rvEpect to said application Le 1nLC: 1cr_._�,. in thin
_._
Ll rolurewco.
Airlic.:ticr. cf t:.l_ l:AC :1_ 1 hick inc_11.L._..
_ i._.AU
U
sl:lii:c.: _eu lands fcr r W. FCCus _! C'C.Q atinn (:V_ ' j: to the
i-
chri ' n picic ny it irlruper. no fi._ DC! k_ c., _;..Ein: _. ._r
._
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U
1.-__ Q CM_ ..tin(_ C: ..Z1'_ .,.__ _Lr lI Ck tG _. ..(_i....0 :On 1.._ _.._O-
c...:.._. since SL _. victor A pt iv 1te Inn L_r .._ k thy
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thUte ___ Or.y c;..._F.iWrt aZ
tc tKV Lati_
fcr Lr: -
thinu contained
ill 0.11
1__i .., 00 0111
1Jc• plvs_"c to
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saf pc-i of
Al _:ta_nmv%t. cLL
:ir._•% par1. iN.
1-!1'1:.11, NVA1.1) N.- Hli).N1)()
City of Miami �cnint} Pcard
April 19, 1982 _
Pace -8-
On be af of cur cl l�'rlw-E 'nl tl `_G tt.F,rti. the iiF +r' rS of
the Poarc for their careft(1 con nidE,r.ation Uf our c I i e n s
oL;ecions o the rec;uc-:.tc-c 'Jari-�-r;cF`s.
Very trine ours,
;i
j".' !:yn1
1b0:,c-
cc: Sunse~ Vill-.0 Cor,cct,.inium
ACEGCia"_ion i'i-:3se III -A, Inc.
Cn-rcli(;e Ueiss, Ac-t'nt fcr
Fret 'rtlf?5, InC. , COtl3trU�'t IL'(.
t ancer;en� fcr i Eel icar.t
M I, I:AI. l%\'.AI.if & ISIO\ IT()
7777IF77'
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tX3. „fu
THIS WATER ORIENTED Ji LOP ME .R =1 P F A RENTAL CC 7U3I T7 &�
jACARI L DAY CIUD
WATER ORIENTED C=UNT T i
4861 N.W. i tit STREET, MIOMI. , FLORIMA
WATER DEVELOPMENT WITHIN THE CODE
THE PROPOSED HEIGHT OF THE STRUCTURES ARE WITHIN THE CODE
AND UNLIMITED HEIGHT.
THE PROPCSFD DENSITY IS WITHIN THE CODE.
TEE 0 EN SPACES APE i'iITHI.. TEE CODE.
THE LANDSCAPING IS WITHIN TEE CODE
THE NUMBER OF U' T 'S TS WITHIN THE CODE
THE NUNRET OF PAPFING SPACFS TS NT T HT`- TEE CODE AND IN EXCESS
. EF nT =FFACE ;P• THE BTTLD7NCS TS '; T7HTN THE CODE. _
sm
E':Vi 0'::: ;'iT
THE
PROjFCT
WILL
THE BEST
QUALITY
CO''STRUCTION.
THIS
PROJECT
HAS
BEEEN
CREATED
WITH THE
IIT(7,HEST REGARD FCR
THE ENVIRO2ieIENT; Cn".FOP.T.lI3LF. ANT) ESSt?;�TT'�LLY FU?ICTIONAL;
I`+ A jtilT? RFROi'i S'TTI,;G. THIS PPOjr,CT I%TLL SUIT TIII: NEF,DS
0 - 3 -
A F.:ITI''S
10
COCF. D Pr�.t. I:;i,
POP. ].449
Cat?S, :T'I'Ii
i,7•i:i`.'C:�PI::G
ON
F.ACIi
A 20 FOOT t;IDE
PRO:-IF.;:ADE
XEA .7DI'RT::G
FOP
:•In P.F
THAN
OA:iF, MILE
ARCUND THE CO:•IFORT CANAL AND PRT%IATE LAKE
5 GAR';%`l AREAS I%TTIi I EAl: Y LE',:•:iDSC•IPI:;G FOP M;TERTAI,:i iE::T
AND RECREATIO::AL NEEDS .
A 17,000 SQ7�:,RE FOOTT_', FOUR LEI VEL, CLUB HOUSE IP:CLL'DIPIG:
a. SEPAPATE FOR 1.1EN V.70IE:14'
b. ARE. -,AS
C. BA,:QUET FACILI':Y
d . CCC:..:,IL LC',-'N ;F..
IiU' E
TCOT A',D CABA::A CO':t'L.....
'tI
S"iCU: TY 'v;ITH A GU.'.i%,^:
IiOUSE.
H::,'. ,
S CU:? iT I FOR F_.:CIi RFSTDF::
T IAL i',i; II,DT::G .
EI:Ci.
LUILDI.:G IS I?.D;:P F..;I)E.:T
OF THE OTHEi?S. EACH
BUILDING
IvILL
IiA'. E ITS 0�-,i E:-i :RGi:::CY
GENERATOR, FIRE PUMiP ,
AND
DC).'•'i7-STIC
:::.T::R PU:'P .
ALSO,
I'ACII 3UILDI::G II .S 12
:ii'FTI:.G ROO:•IS ON 12 OF
THE 17
FLOOPS. E::CII IS EQUIPPED
I':ITII A KITCHENI-TTE AND
BATHROOM.
Pi?CP:�Si:i�
Fr-'�R TIiL: PROJECT IS
A FULL
HC'illm ROO':S I:I?F. o26 FELT ANM OUIZ UNITS AVERAGE 1,000
FI-,E. .
0 - 4 - fe
t1P%+PF :TS. Ii�
SI,:CF, 1976, !;C' '=E' APAP.T,`.ENT HAVE BI:F.'; BUH,T IN TIIE CITY
OF %i!A,- I. THE AVEPAGE CONDO:1INIU.'.1 SELLS IN EXCESS OF
$100,000.00 THE CITY. TI?I:??E FEW, IF ANY, ApAi-:T"ENTS
FOR RE,:T TI?E CITY FOR $300 to $500.
1
TI?IS `;EANS THAT THT AVER.lGE SI::GLF, ADULT OR YOUNNG MARRIED
=: LE :•;UST FI,:D LI':ING ACC0'•i,;ODATI0NS OUTSIDE OF THE CITY.
TIi;:Y CANNOT %+FFGT?D TO BUY CO,:DO?;I,:IU,:S A'k.D CAN;:OT FI':D ,LICE
R:,.•;%+LS TEAT ARE
Fr.%F +L ITO:-' LO%..; B%+,:i? IS PPGVIDI':G TIT '',A ORI TY OF
HC Sl..G FOR Tu—i Fl+F .I'.G UN.D" R $25 , 000. 00 .
T?I.. .:O TG:.G , %.i :..;. RATES .;%+ ,E IT PR.OI?IBITIVE FOR THE AVEPAGEE
CCUPL17 TO QUALIFY FOR
A ,•:GRTCAGE . ■
IN OR':%:TIC:. FRO: i TI?.. DEP%+c^.T' iE':T OF HOUSING TELLS US TII[:T P.IGiIT
NO',: THERE IS A I';%+ii'I';G LIST OF 28,000 PEPSONS/Ft?MILIES `o'oANTI°�G
RL':T%:L HOUS.I':G. T??i'.SE I?T+':G?: IN TIE I, CO':I' BRACKETS FROM: _
�. SI':Gi,?: PF^SO': TO 2 PE ,"O'.S E%+?::;ING CA.PI+CITY $14,850
U. "
11 TO
3 PEPSO',S it If
$16, 700
C. to
ofTO
4 PEPSONS It"
$18,550
d .
01 TO
5 PF_R: O"NS
$19 , 000
e.
" TO
6 PERSONS " "
$20,850
TIi? ST: I::CC. — %+R17
?:.STD ON
1976 STUDY I-.'HTCH P.EVIF"NED
WOULD
BRING US UP FP.C':
$16.000 to
$30,000.
THE:
HOUSING
P7E ARE
PROVIDING IS FOR I:;CC'.'r I3PACI�ET OF PERSO-S/
FA:•:II,IES
OF
$15 , 000
to $ 30 , 000 .
FRO;•1 THE DEPARTMENT OF HOUSING IN JACi;SO'.7.7ILLE, TIIESE ARE TILE
ZMOST CURRE:;T FIGURES AVAILABLE 18 MO''NTIiS AGO IN RENTAL HOUSING
FOR It•LMEDIATE DE:•iANID TO BE ABSORBED ;%TIT III:; 12 MONTHS:
IiiALEAIi :
1 TO 2 PERSON FAMILIES 796 UNITS
1 TO 5 11 it41 UNITS
CITY OF MIAMI:
ELDERLY PERSO:;S 3,421 UNITS
1 TO 2 PE7kSC:: FA :ILIES 1.0, 161 U:;ITS - FOR SMALL FA:iIi I:.S
1 TO 5 Piji?SCN FA:•:ILIES 856 UNITS - FOR LARGF• FA'iILIES
:•iI:::•iI BEPICII
ELEDERLY P EPSG:':S 6,223 U:;I TS
1 TO 2 PF;RSON FP.i•:ILIES 1,374 U:vITS - S:'ALL FA?iILIF,S
- TO 5 PERSON FA::ILIES 41 U:;ITS - LARGE FA;•:ILIES
0 - 6 - 0
FOB;c VAP,TANCES
1) HEIGIiT OF PARI:ING STRUCTURES AND SETBACKS FOR PARKI?vG
STRUCTURES (one variance)
HEIGHT
a. THE CODE SAYS PARKING STRUCT"'PI'S CA': BE NO HIGPER
THAN 12 FEET. TIIIS EFFECTIVELY LI'•IITS TEE STRUCTURES TO A
TWO STORY PARKING LOT.
b. WHAT WE HAVE PROPOSED, IS TIiREF, PARKING STRUCTURES
ONE EIGHT STORIES OR 82.5 FEET; ONE FOUR STORIES OR 42.4 FEET;
AND TILE THIRD, THREE STORIES OR 32.5 FRET.
C. HEAVY LA',DSCAPI':G IS CALLED FOR ON TACK OF THE
PA71 1,1.:G LEVELS .
d .
T�%O
OF
TIIE GT�RAGES
ARE
LOCATED
AT
THE Rr,,R OF TIIE
Bl'7LDI':GS
t,,',D
IS
--CCATFD, T+T
TiIE
RF.:,R OF
THE
CLUBHOUSE.
e . NO VIL.•:S FRO'•; i,:: OF THE APAI?T''.E':TS WILL BE OBS T 7UC L ED
B'i TIIE PRESFNCE 0: THESE Gi:?AGES. THIS IS ALSO TRUE Oe THE
P.DjT%Ct:':T PROPERTY, THE HALF MOON P 1Ri:I':G LOT AND SUNSET VILLAS
f . THIS Fi:?.'r:I::G t'IILL PRO'TID:; '::i0 PAT^'KI::G SPACES PER UNIT
V,ITH THIS A'•:PLE PARi•;I':G, THE NEEDS OF THE PERSONS LIVING
IN THE COMPLEX 1.ILL BE iIOF.E TII 1N EASILY '"ET NOW AND IN THE FUTURE;
AND WILL NOT I3ECC'•:E OBSULF.TE.
9. THE FOURTH LEVEL OF TEE SOL,TIi GARP GE (�-1) tII LL HAVE
THRE1 TENNIS COUNTS. EVEN TIIIS FLOOR WILL BE LANDSCAPED.
h. TIIIS PROPOSED HEIGIiT WILL GIVE. THE PROJECT THE TOTAL
PARi•;I::G CAPACIT'i FOR 1,877 CARS, OF WHICH 1,449 :•TILL BE COVERED.
SET BACKS
a. FOR GAiu,GE ;11 (SOUTH) THE REQUESTED VARIANCE IS TI:N
FI'i:'^. THE CODE REQUIRES A Ti:l.':'i"i FOOT SFT BACK AND WE ARE
PPO, 10")I':G A TFIN FOOT SET BI%C'r,.
0 - 7 - is
b. :OR GAP, --.GE •r2 (S ES-71) lII1;l E IS NO REK S1 D `' :R1Ar.C.r.
C. FOR GAIljGE u3 (EAST) i:E ARE PROPOSING ON THE EAST
A -75 FOCT SZT.DACi:; O:•I THE NORTH A 12.8 FOOT SETBACK; e'1::D
07: THE SOUTII A 12.8 FOOT SETBACZ .
d. IN REVIEPIING TIIIS RFQUFST, THE ONLY ADJACENT PROPERTY
IS PARi':I::G AND OPEN AREAS. I`: TIIIS PROJECT TIiERE IS :?OPE THAN
t1DF^U.1TI Or-i ": Ai%.EA S SO THIS F::CROACllME;:T WILL '.:OT AFFECT TIIE
OVLRAL% PLA:: OF DEVELOPi;EN:T .
e . TI17-SE PARi,I?:G GARAGES :-,'ILL I:•: NO t','AY OBSTRUCT THE
V1I: ; OF THE CA::AL, LAKE OR AIRPORT.
2) SET BACi:S FRO:' OPEN SPACES -
a. THE CGU.. CA1,1,S FOR 42.5 FOC-'
b. FC BU.ILDI::GS 1, 2, 3, 4, & 5
O::LY 20 : CC•. SET OR A 30 FOOT SETI3::Ci: F RG:l TIi-- SU7,':ET:.Cl7D
BULIKEFAD I::E Oi� 20 FOOT FRO:•. TI1F. UP LA":D BCU'-PARY LI,:E .
C. THIS IS A S;ATE'.Fi:Ci::T DEVEi,0i:'i:::T A`;D AS PF.OPOSED
NOBSTR UCTED VIM',' OVER THE
.ti..,r.i. rIIiL BE A:. �.. ., ','i•.TER TO THE Ai:?PGRT.
WI Z::ESS . GABPIEL DENES - CI?RTIFIFD AND REGISTERED SURVEYOR.
3) SLTBACK FRO:., SIDE YARD
a. FOR BUILDING 45 WE AP.F PROPOSING A 36 FOOT SETBACK
INSTEAD OF THE R47QUIRED 81.5 FEET.
b. FOR I3DILDING 47 VTE ARE PROPOSING A 60 FOOT SETBACK
INSTEAD OF THE REQUIRED 81.5 FEET.
C. I:: LGOI:I::G AT T1111: E:.TIRI; PPOJFCT, TIIIS LAYOUT WAS
DEVISED TO US]" TII:: PROPEF,TY IN TIII: SP:,.CIOUS, BUT EFFECIFNT
1%.:U III BI.S, It.TI'.RI:Sl OF 1IIF. `I I;FT,: ,J.
d. ALI, I31:II,11)INGS IIAVI'. B1:E:: PLACED SO AS TO GIVE: THE
HEST VI ;: OF TIII T-:ATIER AND THE AIRPORT. EACH SIDE OF TIIE
P,C'Ii.DI::OS II��VI'. L:: EQUAL VIE;; OF TIIh SURROU::DI::G EtIVIRO�'''.ENT.
FLOOD. AREA P_'•.:IO
a . THE, CC-7- CULLS FOR 982 2 U:; I': S C:: T Ii L S P ROPEP.T'i
AND THE PLANS CALI, FOR 980 U:;ITS .
b. THE COD- CALLS FOR 822,526 : nUA;,F. FEET OF BUILDING
AND THESE PLANS C:•.LL FOR 1,170,805 SOUAPE FEET FOR THE SEVEN
APAP'1;:ENT l3jU!LDI:.-_z :`:D 19,180 SQT_'1AP.i FTIET FOR THI: CLUB HOUSE .
C . U:•:DFR T..� CODE, EACH U'NI T ;,MULD BE LIMITED TO 837
GROSS SQUARE FEET. GROSS SQUARF, FEET INCLUDES COM,",OZI ARFAS
INCLUDING COR"c?IDC ._S, ELEVATO:?S, STAIRS, LAUNDRY R00:'S, STOPi:GF
A::D :•1AINTE::A,:CE F_,. •:S , PHONE, RCC''.S , U.S. POSTAL FACILITY, IMACHINE
R00::S , METE T� POO:•:S , A:;D "EF.': I::G ROO,'- .
d . UNDE7 CODE TillAVl.F1:(F :;I S� Ui�P.L FOOTi:G t:OULD
B" 521 SQ. F _ . ::.IS aC' LJ Bi IiAi'...:.Y Lil;'r:,?. TIi�::; A ''O EL R00"•;.
THIS SI":: ,.OL1..CJ .._ :•SIT :ii�. :.I: .S OF TI,. CO'..1L''
ITY. :J _
p-"CSAL, TIi.. t1\'I! /1GE i i;l T SIZE i,,'L'LD BE
1001 SQ_'AR ', FEET.
f . TII' C0�_, 0:_.S ::0 I:: THIS C�+Si CO'I'LY WITH TILE
L; 1 .=S OF THE CO:... -.;I � .
9. THE LA:;:` COVE.:J:GE AS PROPOSED IS 75,985 SQUARE FEET
OR 10. 16� . THE v.ould ALLO;C 10.1 , 685 SQUARE FEET OF BUILDI`:GS
14,.
h. TILE Gi':::: SPACES AS PROI'OSI:D IS 398,551 SQUARE FEET
or 53.302 OF THE 70TAL PROJECT, TiiI' COIN: ONLY REQUIRES 4V,
OF THE PROJE"CT. 1340 A10RE OPEN.
9 •
CLOSI';G
TIIIS PROJIC`I' IS LUXUPY WATERFRONT RL'.:TAL
TIIIS AREA AL:•:A S ;•JAS A C2-R4-R5 AND UP TO A YEAR AGO
TIIIS PROPERTY ;JOULD ":O'I' HAVE REQUIRED A.:Y VARIANCES FROM ;9I!AT
WE ARE PRESENTLY DOING.
THE DLVE-:LOP::ENTl 01' THIS PROPERTY ;'+ILL INCREASE PROPERTY
TAXES BY APPROXIV•ATELY $1,509,000.00 BASED ON TODAY'S VILLAGE
AND $280,000.00 I.,' PERSONAL PROPERTY TAXES.
THE JOI.vT DEVELOPMENT OF THE BLUr LAGOON PARK: ;FILL E.`HANCE
THE COMIPLETE NEIGIiSORH00D A.JD UPGRADE TIIE REAL ESTATE VALUES
ON' N.W. 7TH STREET.
THE HIGHRISE :1EGA STRUCTURE WILL UPGRADE THE VALUES OF THE
RE:-.L ESTATE l+ND :.'EET A DL::::':D TH.+T IS CRU`I'IAL IN THEE CITY OF
MII .
THE D .'"�CP::�::T IS :;I:III.; ACCESS O LL TP�:.,�P T
E' t E F BUS "c OEt ::Ti0:, A...D
SECC:;DS AWAY FRO:•: THE EAS.'/WEST EXPRESS;•1i+Y.
THE DET:+ILED PEDI:STE?I�+N PRO:,D E FROM BLUE LAGOON' PARK
TO THE DEVELOP:'.E'; CRE:+TE :+:IBIA.:CE, STYLE AiND GRACE FOR EVERYO: E
LIVI.:G IN THE :r'EIG::JOL I'.OUD .
THIS DE`.'ELOP:: ..`i' AND ITS I.:PACT ON' THE NEIGEIBORIIOOD CAN'
ONLY BE REALIZED TIi ROUGH GREA'I'EF% VALUES FOR EXISTING APART:•:E..TS
AI:D CON'DO.;I: IU%lS I.. TILE NEIGHBORHOOD.
AS WE ALL K::;G:J, Pl:IZFING STRUCTURE IN DADE COUN OVER 12
FEET IN HEIGHT REQ�:II:ES A Vr+RIANCE AND THE ALTERNATIVE, IF P;E
-
DID NOT HAVE THE P::RKING STRUCTURE IS TO TAKE TIE 12 ACRES AND
- h
SPREAD TWO LEVELS OF PARKING FACILITIES BELO;J THE BUILDINGS,
4
;•IIIICI,' ;JOULD BE CO::SIDEIiED UNDERGROUND PARKING. WE ARE ALL
1 ,.
AWARE OF `I'IiE U::E:+SI:;ESS IN PARKING UNMERGROUND. BY CREATING
PARKI..G S`l'RL'C'I'URE:S, WE H.%VL•' GIVEN: OVER 81 L OF OPEN AIR LAND-
.'
_....
SCI:PING I�REAS .
TIIE OBJECTIVE':I:SS OF THE DE%TELOP!•II:NT PRI:,!A. IZILY IS TO
I4L;ET A CRU'I'I :L DE: ':::D FOP. PEOPLE LIVING IN DADE COUNTY AREA
- 10 -
AND 202E SO
IS ?Rz CITY
C2 MIA -MI -?RERE IS x0 EGO DEVELOPING
THIS PROJECT.
fR2 DEVEEO2KExT
OF
0E THIS
PROJECT COST TI, AND
HONEY, 2HI5
DROJ2E2 IS
WILL 2GAKOEDr
AS WE ERN SE2 EROS THE
PRELIMINARY
RENDLRING5
20 TAE PRESENT
ONE.
TO THE
WE52 0E THE
>2mlEE? ?RERE
IS ALREADY 12 STORY
EUILDI'NGS.
/ 000000000
A�
. K
2 : _
. .,.,.
AOMERta S. VICH, A.I.A., A.M.A.
a r c h l t e c t a & p! a n n a r s
March 19, 1982
St :set Villas Phase III Assn., Inc.
4801 N.Io . -M Str-st-Club Houle
%iiarli , Florida 33126
Attn: Board of Directors
:gin_: Pn c-entation of Jdc,'.r01 Ba , C11..b
.TEA J.-L 1
tRx3 . F f f
04-1
G_' n t 1'� cn :
In -:3 letter is to acc`.: t and conf? = our attc:ndJlllnc"_' to t:t_' Board
c n ,2 tc • f-,r i, 2-+ 1962 3: .' a S- t
of Lir c.. rs .•i�f.=. g cr. •.3r.... .. �•�, at �. 00 P.,• . in �.. e C1�:.�
Bide.
to -ncscrt our prcj:_ct to ,cu.
I /
Vic : A. I. A.
7 0 1 s w 2 7 t n a v e n a D o: 1 0 0 0 m i a m i. f l o r i d a 3 3 1 3 5
5• I! , P 1- 3 n 5• 5 s 5- 0 5 5 a
Ito
D
U—A
t%A`
�3-
February 24, 1982 �'j'EO�► �-
�c3. I
Mr. Carl Kern
Director 7!!
City of Miami Department of.Parks
2600 S. Bayshore Drive
Miami, Florida 33133
Re: Blue Lagoon Park
Dear Mr. Kern.
I would like to'advise,you that after meetings,
investigations and inspection of -the proposed Blue Lagoon
Park site, we wouldilike to commit to you, on behalf of
the owner, Central Bank and Trust Company, Trustee, and
through our agency cbntract.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' building one behalf of the City of
Miami Department of Parks..
This commitment.on behalf o ^ ntp_j Bank and Trust _
Company,' -as Trustee, -'shall: begin..c n :Y� i�"ly=y� —h, the
development of Jacarol: Bay Club.-'-' L " -
We should .like' you to' supply' us immediately with
survey ard..as built .drawing ref lecting -the. present struc
ture at -the site -• _ _.. r., . .
Lcoking forward -to working together.'
Sincerely,
CAROLI'IE WTEISS
CIN: lc
c . c . Central Lan}: s Tru:; t Cor,,,pany
Gales • INTERCONTINENTAL r-ROPERTIES INC. f?ox N0 1000 - ). S 'N 27t11 Avenue Miami, Florida 33125
RAMCO FORM 113
L I :•I I T L: D
p 0 fi
t ! I11orney
Kim 1,111 ien By These !)resents
That Ctr,�F�,L PyL+r: & `iF= CD.',!PlV!'Y, as `Trustee under. Land Trust ^;o. 80-LT-123-1588
and not individuall-y,
haF,
nulde, constituted and appointed, and by
thrse, presents do es
make,
constiltde and ap-
point
C A .01,1',E 1l,, ISS, as President of ilTii:I:CG.'II.TI7I'.'tiL,
Pi:OI'F:i
�'ILS,
I.-:C. true and
lawful attorney for it and in its rlarnr, place and stead for tl:e
L1U-'_I1.= purpc:,e of filincl any and all necessai_• plans or docu,,ents v.ith re,arc to
t;e prcp2rt•_• in t2he atta&ed D.-hiL-it for tie pui-pose of o} taining a variance _`real
U,,e Cit • of. :•Iia:•ni. or other appropriate Co%,rnryerltal 1lgenc;.-. 'No personal lia-flit'','
of an%- :-.inc ,.hatsoever shall l.e at:Lri1-utc-_i to said Trustee.
It 1S C :: reSSl`." urderstcod and aureoC? Ly wid hetween the parties hot-et0, anyt11nq
herein to the cantrr,- not::ltl:.�t iid1I, t, that each uid all of t}�o reprC"'entaticn5,
�.
warrantios, covenants, uI;Gertakin;is and aCreer•.onts herein mzice cn the part of the
Tr'_:Stce `::}i11C in for,:, pliriX%rtinr-: to Lie representations, warranties, covenant-, urlder-
tal:ircrs anc? a:,re rents of saic'. Trustee are nevertheless eac}, ard cvcrl' one of
:L:ce and lIitf n :CY? not-aspersonal rCpreSelltaticrs , warranties, cc,. onants , (ccnt � C, cve
yiviny and granting unto G7i?OLI'T.- S:.1ISS, its said attorney full power
and authority to do and perform all and every act crud thirty tuhatsocrer rcyltisite and nrce•ssary to
be dune m and about the premises [rs fully, to all lnlr'llts [rnd purposes. cts it might or could chl
if persomtlh; present, with full pourer of substltutlr,n Und rrt'ur ction, beer by rtlt,flJfltrl and confirm -
my all that �_ :..7, - 7.•- , :-IDS, its said utlurncy or
her substitute shall (uw/1►(fy du or cause to he dune by t irtur hereof,
1n fitness `jhereof. I
seal the 1Gth day of
hundred and
have hereunto set rn_,
. 0vor,i_er
Sealed and delivered in the presence of
.5tnte of I'I i?II::ti
County of
Be it known, That on the 16th
thoasond nine hundred and Ei-;}:t..'-one
hand and
, in the year one thousand nine
CE;TI:A_ BANIK & TRUST COMPANY, as 'Trustee
Lis aforesaid ally, not individual)}•.
. I
President and "rust Officer
G
( ,.S.
day of Novenil-,er one
before me. Susann 'ladzn
a Notar.• PuLl is in and for the State of Florida, at lane
duly commissioned ssloned and stuorn, dtuelling in the Count%, of Dade
Of f_ ice:-
persomtlly carte and appeared ':I:L 1G'; It'.''.II'?:I: a-; Vice PI-Osic?c'nt & "Lust i to me personally
known, and l:notim to me to be the same person described in and who executed the within power
of utho-lrr•y, urtd LC c:rt;n,tn►rcl:;rd the within pother of attorney to be the act
1 and deed.,:iS: ).'ice I'rr-,uc.nt_ o, Cent•-a1 Bank 1-Ind `Trust Company of Miami.
in Testimony TLJherecr
f, I /!oi, llec[tnto s[lbscribe'd 11w,1111nte and affixed my seal of office
the day and year last above uv'itterr• 1'• ./,.l J �,t �-�L. $.)
PL PLTC
eaf'
(cont' n f r�.:.. overleaf)
ri
f,,
u.ndertal-in,_:; _=': acg ii r_i7er.ts b.• the Trustee or for ti.e purtx)se or with the intention of
birdir.-; sai : Tz-,istee personall_.• but are r,,ide and intended for the purpose of binding
only that ,a rticn of the trust prcperty specifically described herein, and, this instru-
ment is e.:_cuted and delivered by said Trustee not in its o�::n right, Nut solely in the
exercise G-. t ,e pc..ers conferrcrd upon it as such Trustee; and .hat personal lia.'llity
and tl:at r,::rscrai res r.sibilit. is assumed Ev nor shall at am, tires be asserted or
enfercible a ainst the Central a-uJ: and Trust Ccrpany an•;, of the i.eneficiarics uncer
said Trust ::_rcement, on acccunt of this instrumcv.L Or on account of any representation,
warrant,,,, covenant, undertzd:ina, or agreement of the said Trusted, whether or rot in
this inst=.ent contained, eiti.er ervpressed or irpliec?, all such personal liabilit-,7, if
any, Mein: e_:mressl-: and released.
I
Business: _
Address:
January 1982
IT,: JAG,FML BAY =B
C�ntl=en:
t::e surrcLa-idLn— a d ,' cr adjaaant rci.c:-_ �..-:a_ ; or terallts
at or rear ap prcx-�:7atl_ !SC5 N.W. 7th Street, � = i ;oin in
c�,,-ra=r.Q and aCr�,o lc t -,e r0]ect o ould :n a -�- t?-- i � to the-
r of rGGr::ocd . A.r.0 do i:� ��_" �j^'�' '.� 1 u7 the 7= L -=� d :"'c� l a'1cC s
nc%.�- Cl * O i % i a7 _2 P 1 .'1ri l-g and zc--nz
FL: s P,�- C- ffUl 1'-
k` 1
c t;
ri•�-unitl
arrr
LUJ 111CJJ .
Address:
Nar,e :
January 1982
PL : J� �Cr`.F- L BAY C LB
G`n t le.- i -, n
ve, tuic SurrOi idi.1C an j Or ati; Z��t rC:��'_ Z+'. :5 or t'eI:� ,ts
at or near -'868 '..W. 7th Street, «s � join in
c_.m-, d and acree that trt:e pro;t--t: •.:ould :x a to Ahe
nci-borinocd. %,nd do :.��T `+�':• qj-t:-2 Nith t!-.n
na,; b'`'O-r-, i .0 Cit;, of viar,-i P1.::.:--ing . rxl zc,-L =v
1
4:1'15615
�Jtell r-n
2»,-1 UNISEX
.Ocean Man'
47GG N W 71h St. Su;te 6
arw 4.) Miamm, FI 33125
LJLUZ) LLI-:.JJ•
Address:
January 1982
RE : JAQ J1...r' BAY a L,B
G`nt lemn :
We, tf.e surrciz,,ding and / or ad'a=t ercf-,er-ty a.::ers or tenants
at or rear appro:_i�atl.• 4865 ':..:. nth Street, �ti= i join in
ccmcnd and agree that l-.e ;;ou:_d 'cti a benefit to the
noirh Qr,:c _i. And CEO ::t_'r=l.-v a- a— Lth u� �rC'Y` t� �:url tl1C�S
no.. iJ? . c re 4 : ie City of '1 aI 1 P l ; (g aril Zoning :?Cards .
FL:. ��c-tFull.
POW
L. 4 V4-990! I
A 1 ('11 AND
WA 13 1 R PO NNE. 47.O N.W. 7,I.. 1.
M% \I N MIAMI. IT(MIDA331,26
Ad dre s s
Na,7e:
January 1982
RE: JACAP.OL BAY CLUB
C-,-- r, t le r7o n ;
t-.e surrounding and / or a�.: or tenants
at or near approxdrnatly 4865 N.W. 7t]h Stre-et, Mj=j join in
cc-,xr-nd and acree t:nat tl-.c, to the
And do ller--,h% he =- variances
i-s<
,je Ci t%' of "i =i I
Ct 4rUl 1.
0
MOVIE CLUS
NIPVHF` ETA
KING VIDEO STORE, INNG.
4T00 N N 7 STOEET No 10
MiAMI : LC°'DA 33126
JULIO RCDM'G:;EZ
TEL. 444.7752 MlGiiEL C'JINC'�ES
Addre Is s
N arm :
Jarn:a Y 1982
RE: J?.GU=flL BAY CLUB
Gen t le. --en :
we, t .e surrOUi:CLnQ ar:C Cr 3C:jaC:1M1L PLC j-4.:'.L vi .- -,
at cr :.ear -ISCD N.W. 7th Street, M`. . .1 join In
c>✓rr�:.d and ac:ree tt^at tl-le - ro;ect would 'cK-- a to the
neir���r:naod. And do ine_ .' 3c� ;.-itn t.-.e : r�-t�-d '.ariances
na. Tine City of P'_3nrdng and Zcn;-L ?cards.
fully / , �d t f L �_c«-.• l-t..
Business:
Address:
Nam :
JanY 1982
SUNSET VILLAS CLEANERS
47-1300 N.W. 7TH STREET
iilliAN, r LCRIDA 33120
MU (OC3) 445-13313
Jr`.C;%J-)DLL BAY CLL 3
Gent. r,-en .
We, t�-.e surrounc ing and / cr
a:: ac nt prc�t. -,- or
tenants
at cr :ear approxir-;atll
4865
Sty=at, t .-i Bain
in
cznr7e .d and
acrec that the p_;,:t�ac--
.;txiid 'ce a to
the
do hen--L,
7c= _tee .; ith t.'y' act—_(24 %-ari :noes
. no.:
City of Xi a ri
pi _ .g and Z c r-i z:
Sly \
i
j�
l
IV, P
EXCLUS'YE LADIES FASHrONS
d5d8 `NEST ' 291 AVENUE 4750t, ,N 7,h STREET
HIALEAH. FLCRIDA 33012 !.1IA!AI. �Cz:'GA 3312S
(3051321.2531 3G I443-2331
LJ UJ 11105J
ACi�L�SS
Nara=:
Januar: 1982
FE: JrC,,J-M DAY CLB
Gent 1---en;
t-, the surrow.d-Lnc and / cr r Lenants
at or :ear 4865 N.W. :'th join in
c---, r :-.d an au'rc-3 th--t t�.e- ; _—z -0u1d : e � t'� It to the
"0 f io'17_';3,-, t.`t,
IiCT.ti Cj Of '`1w:1 . ':Q
A 442-0255
4750 NAN. 7 ST.
Miami. Fla. 33126
Address:
Narm :
January 1992
RE : J AC-' FML B;; CLUB
P+e, t::e surro:.r:::ing and / c; 3 = aw-- t _ rciar ty cam. ors or tenants
at or rear ap<<oximatl,. sE= ':.:, 'tl Stre`t, �!i -'^i join in
.t rd and acree that —, _ _ _- ;,a�ald a-e a — refit to the
n'1T:• r:"?CCU. -nd do `� ti t? CzCiL> c C variances
r� - i 7 �'c-i.. i�
nc7•r L o 5c re 1..0 Ci t.y o i 1`!1 a.-i _ - � a l,2 Zc-Ll_p.c 30,a2 CyS .
Pr'-C-: t-,ctitlly
J
X),
Y
ti�- dn--ss .
V l are .
January 1982
FT: jAC! 7JL DAY CI.L-B
Gent lc --en:
L+e, t-.e Burro,mdi;:c.- a:.d / c_ a3:_ :..-_mot --u--:ers or tenants
at or ::ear I8c; ';.::. 7t_h St --tint, Mir i -oin in
and that ti.e _ _ ,.tc :lc: 'e a e---t2`it to the
nc! T _ .:cC._:. gird do
i :e Cit-.- c` and --Ic'dares.
Per; •_ �- .,:_' 1•�
�T IPA t
I
. � �la.�rsca,Cty
4790 N 7 7 `C T
LUIS FUE%vTCS MIA'A; FCC- 7)4
lSUS 1I ;CS
Addre S s :
N c 7,e :
January 1982
PE: JAC ,SCL BAY Cl- B
Gent ILe.-7u: ;
We, t;p- surroi-m.di ma and / adjace-nt arc;e - or tenants
at or rear appro:-i-mati: zS63 N.iq. 7tn Str,--�et, `t join in
cc ;ru d and acree that t��., __ ro; ect would ::.e a *_- t `i t to the
reirim r :ccd. %,,d do ac _-tee +it_h vari anccs
b-,fo g' 'li-e CiitY C:' ��i---i Pla-,.--?iQ r� .�`"�'ti: =Qe YCi .
FY-,si7,cc't::ully �_`
Ik 4.
Business: ,
Januar,.• 1982
RL : JAGU POL BAY O-UB
Gentler —en:
We, U,.e surrounding and / or adjaa,nt prcp-,r-�••- or ter. -ants
at or rear approxi.:at1,' 4863 N.W. 7th Stnaet, eta— i join in —
cxrrend L-id agroo that t:-,e project would a to the
reir r�r.:ood. And do with tl-�e variances
na. i c: _`cry Z. e Ci tl of `'i =~i Planr inci and =.cards .
I
t303'
S. 7 A'1E TEt,E< St r•J"7-J EJA !�tt�
- �
MIAMI- FLA. 331 35
tausiress:
Address:
Nave :
janup-ry 1982
FE : JAG•.FDL BAY C LB
C�ntle;-�n:
We, t±:c surrotmdina and :a:;aar:t prccE=-_, or tenants
at or rear apprcx—i atl: N.W. 7th St_-e`:�. � z- i join in
a✓; rand arc] acre *hat t' : ec' would :.z to the
And do S,dth Cr' e variances
no., :� ��. ` 1 :e Cit_- of: "i= i Pl.r.rirq and �ds .
,f
1'lirSe.X ticrrr t'u,�rrcvr�
G V
4876 ,N'. it'. 7th Street Tel. 446-1155
,ifiami, Fl. 33126
Business:
Addre ss
Nare :
Januarl 1992
Fit: JAC:,10L BAY CLLB
GertIcr.cm,
We, t;:e 3urroL .ding and or :�a r.t prcp�r�_ �.•-.�- or '-er:.:nts
at or rear apprc::i:7. t1 • -°C5 N.W. 7th St-reet, •L i join in
cr--rr-c,nd and acr&-� that t:.e :+euld he to the
r.�ir ori:ocxl. And co with t�
`I:.e Ci of "y i Fla ring art:?
`l-�, • • - ..-/. LLB l� / i � �`�...a C ' / i-/l
I
I '
discount
4878 NA. 7th Street
Miami, Fla. 33126 Phone 447-1768
Business:
Address :
i I am—, :
Jan:u Y*. 1982
RE: ':Cl •.F�L, B:�Y CLUB
B
Cz,ntL� can:
t.:e surrmxdir and er -c alw,nt rrc_.er or tenants
at or -:ear arrrc ?,:.:`1, !665 N.W. 7th Strv-et, oin in
and acrr:-2 t--':at th�o ,DL-:)jec.-t Stioulc? :;e a *-k:�-A2 f it to the
nelr-Lcr ood. ,ind CO odtll the pr--cc�`,C'
no.. :l? 20�_' `:::(2 c; of tti ir' i iP- la .ring and Z` n 2-<--"ds .
446-2121 AIDEE PIE CO
Or+^fir
or% AM
1 ,
WAOW2P
>Jn hlensa;6 Ce Amor Para Toda Ocasion"
Sausa;1t0 -,uare Mail
4874 N W 7lh Street • Miarm. Florida 33126
u%JJ 111055:
Address:
N ar—e :
Jarivarl, 1982
RE : JAGAPOL BAY CLUB
3
Ccntle-' cn:
surrowidi nQ and % c :i:_3�`- 5:� DrCtti'_ �l�::E?1 j or tonants
at or nf._a.r dL;prcx-,' itl ' 4S65 7th Stz77-4't, �`�� 1 -join In
Cti:T"t .0 and aarce thiat the %-Ol:ld '--Cl cam_ to th.2
ne,---cr::CYJd. And do f er,-2' - 3 •_�» - ith t='� �_^ C=i �c� '.'cZr�?I1c s
r.c., ✓_forc 71;e Clt', Of F<m-ds.
i
Gamuza v Pieles
?•lc:r.I 1
Address:
Na-re :
January 1982
FtE:: JA�',,FCL BAY CLUB
G-,ntlemn:
we, the surroL-r:ding and ,' or ad J acent or tenants
at or near 4965 N.W. 7th Stx�c'�, `~ = i join in
oo;;r,Lrd and agree- t^at : roject %,ould :.)P a �r_fit to tt :e
rcirnor::cKDd. And do 'reh, a',pith t`-- : iz, ces
na.-� tk ff o re qI .c citV o f7 xi ,:zr i P l anr. ng a-)d Z-c — Z- Boar�-Ls
Pl,-SP2ct.`ullr
Business:
Address: 7 i
Nano. ..
January 1992
FE : JACAFM Bid' C L ,B t
Gentlerx-,n:
we, t.`-:e surrc,- -.�Lnc and j or adjacent prc�r~_ �•' �� or ter tents
at or near appr(zxir,atl•.• 4865 N.14. 7th StrY=e::. `t — -i ;Gin in
cr-,;rL :d and acre-3 t:•,at project .,��ra
ould ce -`iL to ttie
nei rLori:crx? . t .d dG 'e=-^ icy agr--- w i th tie = az d Variances
now Lcfort-2 ":e City of Plarrirg a^�
i ct ful ly r
�% ► c. -e. Y e s i c c r\
�3n5! aati.a! i 1
?ABLADA FURNITURE
°Gc "nv_pJ�
v WJ1l ICJJ
Mdress •
Nam:
:: qn .*us
�Ay
Ja; lua^,, 1982
RE: CA.--�:1L BAY CLLB
we, 1-1-:c surreLm-d-ins and / er adjacent prcLx,-rty or ten,-nts
at or near appro:tii,:atl_ 4865 7th Street, `t i join in
rc nc and acres that t':e projoct would ::,e a !_-r-,tit to the
And do acrc with the p^xx-�-c :arianccs
no.. ✓ 2 = re 1.ie Ci t'. of -Iiami P 1, ."xLi n c and Zcr _-�
u
r�
i
Business:
Rddress:
Nar,' :
Januarl
1992
RE: J� :Ci�?C)L BAY CLL B
G---nt1c
and or adjace::t crcc-LT_- s or t-c� is
at or .:ear a prc: �r�a1, -18E5 N.W. 7t.� St.re--2z, i join in
cc)7 �C_':_C and acr`=- Unat the p,`rO-eCt :+ould -ca to t}�e
reir:cr.-ooc. r:i c:o ::ere ag �itr► t.' __ _z.=�� :ari;nc s
Cit; of Pla�,irg and 2,=—y _ 1oc res.
FY sc fail,.,
- I' -- _ _
Business:
Ac2d-tess
Nam:
January 1982
FT: J.ACAML DAY =B
G-- r, t le r. c n .
surroundin(j aund cr ad-;aa2z,,t prccer�,.' or 'I.-e-n.-,nt:3
at or near aI,,,rc:-,—;.7Z!t1-.- -'cEE5 :;.;q. 7th Street, Mi=-i Join in
ccr.ri2nd and .--igrce that t:-)e prc'4ect would be a the
A-,d do aqr'4ith prcccci-d
ci—,- of �Ii=.i Planrdng and Zcn`-nc
cul 1"'
0
I I
I"10NE, 443.9047 !j
I
I
Coll 'otttill ill tit Afarket
Cafeteria, Carniccria y Viceret en General
OSCAR FALCON 4790 N• W 7T" STREET
MIAMI. FLA. 33128
bus 1 11C b S
Address:
Ldal t'
January 1982
FE: Je?G`J-M BZ' Cl;-?3
Go t 1 cr-cn
We' U-.e surrclz dire and ; cr adjac�:nt _ =: rt. cw ers or
at or rear a :.rcx^atly 4865 W.W. 7th StrE:et, Md i join in
a:rxund and ac a-ee that tr:t rojcct .- ould be a to t}:e
rei r.:coci. `end : cra . a ,c with the a.r::.nccs
no.. L,-- Fc n-- C t:' o f �I i,: i Plan i g aind Zdlc r.' :: c Bards .
.c
Fi=p-2 t Ful 1 ,
COPIES OF
PAGES OF MINUTES COVERING IT".1
i ZnING BOARD MEETING 4-19-NO
i•Ir. Alf-)nz-): Your;.
-i full bo,,rd
iJould y')u li:;- t.o proceed?
"N.7.11 7th St,r�—tl
Portion of land includirr:; lake bot; tom le,.rlly de:3cribed
by metr::, and bound:, loc;lted het,;; n N.W. 7th Street
and Glide An�-1e and approximately 1100' wrist of
N.W. 47th Av,?nwc . RPTLAT (Complete Ler-)I. DescriptiOTI
avail::ll;lc .-rt, the Pl-nnnini- and Zoni.n;; Boards Admirli:�tra-
tion Den�Irtc:�nt) .
Var•i,-rnce f,,-r)M Ordinance 687,l, AR`IL'ICLr, VT11, Sections
3(.,)(a), 3()(d>, 3(4)(;l), 5, and ARTTCLI,, IV,
Sec t,i=3 15 & 19(7)(b)(c), to permit construction of a
980-unit apartment project; (JACAROI, BAY CLUB) consist-
inj; of a seven 140-urli', typical to;icr structures, 3 _
par:;in - structure:.3 and an cxistin;; 4-story recreation
bui-ldin - on above, site, as pc-v pl<3ns on file stamped
Octol:cr 26, 1 3i by the PlannimT & Zoninr- Admin-
istration D•-apartment, with the followin:_, Variances:
SIDi� Yet: D :
To'.;er 5. 36' propos:�d (81 5' regaired
To-.;':r 7. 60' propo;>c;d (81 . 5' req•'._r�d) . _
YAT" AD•J %C:,., : TO PUi;L C OI :?:J SP'1CI
Tc:,er.� 1 , 2 20' propo:-ed (42 .5 require a) .
H._ .. 1:. . ...: L D � J•: tt:l C.. ,:.,, ..•t1,1 i J:i I',I� ;;�..., l U;l :� .J :
L:. •;;., ., `Po;;c.: 1 2 : 80' proc 1' (Cl' requi,-e d) .
To -;;err 2 3. 80' propoc-_�, (91' required) .
6c T(D,,;c. 3 :°c 4 . 80' proli; 1 (9v' requi-c:l) . -
E� 80' propo:rcai.iirc0, .
6 ,'C 7 • 75' prop :.,?d (85' I,equiI,e i) .
P.,,j S'_ ?' C H (F' �) E::`: ;:i;_ _ :; Ii: 0 A R:: I11 , ED YAI,D .
an,I Soath e--: ,ension.3 .
10' prol.'c:- _r 'd (2u' required) .
3 ; Nlor' ;hi and Sc,ith ex,erisions:
12 . 8' pir c ;o: t;d ( 120' required) .
P.�. 3; xt��n_,ion.
10' prcpc e':1 ( 2C' required) .
OF I,;:.....::G S`i'iiii
P.S. 17C. 1: 42. 5' proposed ( 12' allo•,;ed) .
P.'�. Nc. 2: 82.5' proposf�ci (12' allo,:;ed).
P.S. No. 3. 3:.5 proposed (12'
F.A.R.. 1.75 propo:.ed (1.1 all.o,:;ed) .
11r,oppr-� j :,ct sul,,ject to replatt5_n:- prior to issuance
of a Buildin:; Permit. Site zoned 13-4 (Medium Density
Multiple Dwrl,il in,;) .
1'h1: ide:fc,rr(-,d frorr the- mectof
11/1')P I and 3/8i
;'_Tod pr ,of of pu-1 icat:l.on of I;ot,ice of 11caring
ar:. _,�.�:..�nr'.!i ");till tU ;111 pCt'JOrI;� tC:�t li'ylrl_; at thi He"ll'lnt,
3
35
-'?- April 19, 1982 Item 1
Z.on 1nk, Board
17M
Mr. Pa: "s- Lun"nes: Mr. ChOrmin.
Mr. AIF�nso: Us, Mr. Vrqn. Lot's Wr Frqm tho,
D-pnrpl.
Mr. Ompholl: Mr. Chairman. Mr. WhLpplo war delayed.
So, if you wish f will go on with what the 50jan's for.
"Thor- is no hardhniu to jusK& the requested
vnriancQs, piroiculnrly in light, or the fact that
the renuests rxcnad whit is permKond by existin,.-,
revulvOons thereby not denyinn a reasonable Use
of Kh- prop-rty. The floor area ratio requost is
to a chan�ro, of which would
be a preced-r-it, in the 5ubjQc� area. The exiscim,
H-A Y"ninq disnrict wnn established approximately
ten years nqo, and the 5urroundinq area hnsbeen developed
in accord with the zoning existing in the area."
"The requested floor area above what is permitted
rQpr-s: nts nn aroa of 481,000 square Pent or
2.64 towers of they seven residential towers
props sod. At the propo: nd 140 dwOlinn units
pr1r to'. -,tor, tjjr, request rnprnsonts approximately
3"io dwellin7 unins ahn';q whnwould bq permit%nd
u:sInc Elie doslqn criter la. es%NbK.shed by the:
appli-cThy 379 dwpllinq units rQprnznnw:
645 pirkinq spican or approxlmvely 200,UO square
fe-n W Kn arqn Lhon could hQ dQvoLn! to urnble
op and which uxcQcW the numinn of rrnund
J"vwl p.rklnn npncns preen: QA; or which would
ejlmjn.nn two of Lhn p4rkinj structurns and reduc;�
W third (Krz-v, pNrVWn structure by a nnory
nU a VIC; or which woqld roducq the eirht story
p%vkinj s,rncto a Lwn or throe story parkint,-
"Thar.f-r�, nv only is there no jur0fiable hard-
rhip, d-w-llpnqnn lacks urnhlo open rpnce,
am-Wil-z Onc n"rosper% the waterfront resources,
is ou% of cKvr%c*ur winh exls%ln: land usu and.
zvnK7 Ani ovQrOuvAnns the land area avNilahle for
d-vql.nn%."
-yinilly, in should bw noLrd, LhNt although Lh,,-.
Air-pon h-inht vejulaLLons allow buildinrs to the
propa. nl hoirlibs in Lhio area, the proximity of the
wuhjuc% d-'errlyp"onn to Miami WernaLLonal Airport
Nsvqrns an unnandud prossuro upon residents of the
dovp4pnonn and the airport communihy, which could
he tor. p-rQd cansiderably with complinEco to the
t-i.,: r,;v1vPA are still rur KOH.
Ila:', liNd the opportunity to discuss
thQ pr9jwcn wi%h the appliCann and Modifi-CnLion.c;
to hi:oil rrroh, pUM11111L to LhjP discussion.
not wKhskNnd1n;j Uo4iQ improvemams to Lho
projocn, Cho Floor Arno Win is excessive and there
is no hNrVK1p to jUsnify the raqUeSLOd vnriNnces."
Now in iWblon v" Wn, alnWugh wo do not. ruquire a dedication
th-t-1, h---, ac juivad by the ONW Road Department
on N,W. Y, h 50�-' , WI! %0"Ild WOOKKh -- and I dj believe that the
-
NpplIaNn' W aW:n— .0 U&I -- WQ loWd WMbOsh nh" applicant that
'Ir'! na ::SW ary SW,W WK 10,� nVOKOW in the area. Now
UP; hA:- 1w,ni prior LO LhjS W1Lh Lho Nppllcant. it
Apr i I lei, 1932 Item I
Kninq Board
would he necessary for the applicant to prov idq a sanitary force
main from the Subject prapprty to the east., to tin in with the
nearnst, sanitary .+owQr; which I bql ievo is ahou'. 370 Vanua -
that, would be UP tin in with the :snnKir•y i_nnarcoptor. Fni linE,
that, there might possibly be some rosiduni capncKy in the force,
main for the co-dovolc,pr:an4 immediately to the earn. fIowevor,
this, is sompthinn Choy would have to dQtqrmina; got an cnglnnerinry,
estimate on it; find oun if it's pen.,ihlq; and, ofcoursa, get the
approval of the Miami -Pala Department, of On',er .and ; QwPr•:s.
Mr. Freixa:, . Mr. Chai r•mon"
Mr. Alfonza: I've juvn arc,+: a
little problem right now.
I thins: than, we def or•rej thia some time
azo, until. March, so that,
the devel.opors could je`, torrether• with
the Department. I under-
stand that the Depnrtment is still against,
or is askin`-, for
denial of it. I knew hhok Mr. Campbell
is not the person that
discussed the plans with them. I just
think that it's too much
hQra- there's a lot of people, in here.
A deferral was given and
I would like Chit, berore we could vote
intel.l.innntly in this
m:•i',' ar, to knew whet. or there was any jive
the developers; if
there was any thing:; from the Depnrtment.
There's Mr. Whipple,
Ch it,' , the man I needed. Okay.
Mr. Alfonso: LU's hoar from Mr. Whipple.
. h i pp i Mr. Chi.. rmnn. my np, lcrior. Very simply,
we d1l h..a the oppaz•.un y to w-Q on ouvnral oc•.sHans wit':: the,
ap: :. c_... , . And „h, i r Sin plan. four .:u•.nL to our .su qns , i-on , w a:.
g a'1'.,1 y improved. H _. —"n the arC:hUncl and the' Planning Depn rt,-
..._n%, Lhl r_ we _ ce:'__._.. But , al%Laugh tIQnQ are
Lhay did n�,_. , r n l l , addrnsn or anawnr our ha: is
pr_bl r r ,, ..._n . the r1nor ar.a r nlu and the bulk and thy: intan-
si y of dcvQlopmnn, of which iz KK7 proposed. It, for sure,
woo-ci ha a h , - - d" . 0v..-.Qn', undrr the ncw plans, and und- r the
plant .suhmi ncl. Rn_ than still doesn't allQ:iate our problems.
We do nC.% fool t0 - Cho amQnl _,as are sirnificint enoujh, lnrgt,
enoulh by which to o'. _rco:." the b;:t:_is pruhlumz thou exist with the
req�w , for tine floor arni ratio variancas. We'rc, donlinq with
pa..._n} s r'.nuvn._ , which arc of considerable h0 ghn . We're
daa 1. n , '.J.- ,h a prahl _m - an un:: r it ,en problem if you will, altt 0uT .
le'i it , whcr n we have a third of the property which is water area
born:- counted as lams area, anin con%rii)r.ltQs to the problems that,
exin , with respect to this devQ1cpmnnt. And, if ,.add all Lhose
to -oilier, we find a very serious and difficult problem with
rec ;;rm ndi nq npprovnj and for those reasons we recommended denial.
Mr. Alfonso: Thank you, Mr. Whipple. That will answer
your quoskion, Mr. Frclxas? Okay, Let's hear from the applicant.
Come: to Cho mi cr•ophonn, plenan, and state your name and address.
.... May it ploanc the Board...
Mr. Alfonvn : du::t a moment, please. We are havi nF7
soma difficulty With Lhe tape VoCoNer. You want, to hold a second,
1)1 a:ic,• .
T4.;. Twee): .I would 1 ii:e Co hive an to Gloria'-,
ori,1a(,,,,1(-)!1. Glovi%, didn't you r"1_ sp .;(ir,o sort of objQcti.on?
Ks. f inn K . (Away from microphone noddc,d in Cho
arrirmonivw).
HUI , l Would like to hoar it beFore the
prn> nnknlican.
-4- April 19, 1982 Item 1
Zoni nq Roard
R A
n
4
Mr. Alfonso: You want to point; me who are the owner of _
this property.
Ms. Weis cnhor n: The owners of this property is the
Central Bank and Trus> Company, as hollors for unknown beneficiaries
or for trustees. The Central Bank is the tru: bee of the people
who are from out of this country.
Mr. Alfonso: Mr City Aotorncy? At this moment I wish
to exclude myself if 'he owner of this property is the Central_
Banc: because I provide security service to them, and I think that,
there is a conflict of interest.
Mr. Percy: Okay, could you repeat that for me Mr.
Chairman?
Mr. Alfonso: I want to clarify this for the record. I
asked who's the owner of this property is.
Mr. Percy: Correct.
Mr. Alfonso:
She told
me it's the Central Bank. If it was
only the
holder
and has nothing
to do with this
application, I can
remain
here. But
if they are the
owner of this
property, as she
stater
,just, now,
I think that I
have a conflict,
of interest. 1
provian
security
service to thy:
hunk. I don't
;ran* to have to be
involved
in that.
'sir•. Percy: The way y,-,u would handlo U nt,, is that if'
there is an app„wrenn conflict, you first discloso on the record
this pos..lbillty of a conflict. and then ynu r1fake a deLermination
as to :' h .I�.er or not y _u could sK imp'inLally nn! judge impartially
on thin appl i_cntion. If you Uel_ that you cannot, or an abundant
of caution, you may want to recuse yourself on thio one: and sit it
our.. buy , tho det,erminition as to wheQer or not you can vote
impartially is your d armin: ion after you disclose it on the
recorl, which you hive done.
r. Alfonso: ns .. No, I: bel i evo they are the o'.:ner. If the
owncr is the Prop rt or wh%_ ever, I think that
I have nni.in: ' o do w _h that. Sit if UK ownor is the Eank, 1
wish %o abstain.
:sir. Percy: Well. Intercontinental meI'ely has a power
of a%* orney from the bank. Our recordn chow that Central Bank
and `I'ruan Company as n trustee in the land trust is in fact the
legal owner. And Intercontinental Properties is merely the spokes-
man of an rInom for that owner here today. So the true owner would
be tho bank. And the test that you have to make would he whether
or noyou could jug nq this mau r impartially. Or I would suggest
thn%, in an abundance of caption, you might want to recu se your-
selv" since we do havo a full Board this evening, and we would not
have a prohl nm with m'.inerl ng suf fa.c Lont vote to defeat or pnss
this item.
Mr. Alfonso: I really do not, think that, I have any con-
flict p"rson%l.ly, but I want, to abstain.
Mr. Frodxar: If the bank in in fact, the owner, I've got
a prr,t,inm :also. My thank has ,jurt rerfu"st d a loran from The Central
Hank Vor 3.7 million dollars. And if that'.-, the ca:,c, 1 don't, want, to vote.
14r.
L'Jei:.,.
'-1:,y 1 for the
purpo:,o.�:; of clarification...
'•1:>.
Br::ail ..
`Jerry weII
Would you give: me your name
an! :,ud.•o,
pl en: _ .
Mr.
I'm the: Jack
We i:,s. I'm nn attorney practicing
low rat, 751 S.W.
271K
Avonup, Miami.
-6-
April 19, 1982 Item 1
'Loninn Boar;i
Lql
0
The bank is
not the ownor
of the property.
Tha tvink merely
holds
TKQ
property in
trust for the
bencFiciat ownprs
of oh.,�
property.
But the UnLral
Bank dons
not own thin propnrny.
U1.3
just
like
many banks
hold a trust, a
blind land trust
for t h,�
beneficiol
owners of
the property.
Mr. AlCons o:
That's a different
proposition.
f wont to
hear
from
the ...
Mr. Percy: That's pretty much what I ruled, Mr. Chair-
man. That the bank, as a hrunkeQ for the owners, is in fact the
legal owner for purposes of this application; throunh a mechanism
called a blind trust. There are beneficiaries who own this pro-
perty, who do not wish to be identified. And for legal PWPOSM-3
the bank is the ownar of record. The bank is the applicant this
evening;, and InterconLinerbal Properties is the agent, or have
the power of attorney from the bank to act on their behalf.
;4r. Weiss: That is correct up to the point that you
have just outlined it. However, the bank itself, as an entity
doinq hunines5 does not own that, property.
Mr. Fercy: You're correct, sir.
Yr.
FrQ!xq:-.: All I Wlrlit,
Mr.
Chai-MMI,
is to be
clear that I conduct.
busina::
wl�h
the
Cnn%ral Bank.
That
we are
in tKn process
of
nnrc�ia%ion
.
An!
Kninq clear in
the
mind of
evqrybody
thn� the
bonk dooz
not
own
Cho proporLy.
And
whaLovar
rulinv
wq hnvo here
toilwill
ny
nono'.byno�L%
the bankn onn
way
or noihQr,
I'll
sit. if
the at%orney
rules
diffuremly, I'll
just get
up and
leave right
now.
Mr.
Percy:
No, Mr. Fruixis. In addition to
dicciosin:7
this on tho
racori,
ycu and Mr.
Airansc have to make a
deLarmin-
ation as no
whwQer
or not you can
sit impartially with
the
rclnnia=hip
thq. ycn
have with
thy: bank. We recojnIze
the th,--
00 is mer0y
nc%in,
as a trutce.
But LhNdcLermination
has
to Vy mni-
by
yow.
And 1 think
QN% 500 or the tuaL his
bean mu.
Lho dic7lizure.
An::
it's up to
you gontlumen to dQcldc
wether
or nv, yo,
can
sit impavUinlly.
Or, FraLyar: Well. L have not quarr0s with Chat. I
jut _ wnn� it in tho o p e n because one thing is what I think and
one thinq is whn: Cho Herald thinks.
Mr. Aif=o: Well, I understand now the position of the
bank. The bank in only holding as trustee for someone else. He
is no% the owner. Thera is no way that he is going to benefit. I
don't think than, its gainq to be arrcctod, so I'm going to stay.
Go who%! edam.
K. Waiasonborn: The litigation
- I know Chat Lhis has
been dnf-rred
before
- the litigation LhaL
I think that you are
gnlnno
he%r .about/
later on has basically
been terminated. Again
w- h:va
• o understand
that this pince of property
is not involved
wnh any
ownership A
an from Mr. and Mrs.
Wniss; which is part
or Lhu prawam
with
some or Lhasa objumars
here tonight. They
bulinva
that Lhq Waisses
have been involved
in this property, and
Lhqy'ro
not.
Thera in n hardship here. We have to remember the
economic Lime hav- anUan drastic as far an the land use and the
CONSLMCLinn coUs Viand the ability Lobe AICLO W__,,_! your land -
which 12 one of Un z4asons why we have reqUWSUed Lhi5 variance.
We have actually v Cut& or :winn wclacrim;. 17
there havu Leon AN or LhnL WreNge, I aCreS to he exact,
in linionoiun in LEA., AppyllaLe Courts; Used upon SunSeL Villas
and nnu�n"r land CuMpnny that nrnin has nothing to do with appli-
April 19, 198Y Itom 1
Zonin, Boa0
M.
cat ion; and that,' s
over
an access nasnminn 40
the Sunset Villas
property.
But, we
are only
uttlinInn
in this
panicular plan 17
acre: Lhcit
we own.
So 3
acres we have
dropped
Off; 5 of the acres
we admit are
submQrqared
lands, but we
balinve
- we've been pvyini7
taxes; if
anybody
needs
to see it, we've
got our
can hills to 5ho-w
we've been
pnyinq
taxers
on it.
The letter that
has been rinliverrxi to you, which is. briefly -
readinq
it myself - soma
of the
things we believe are not truly
what have
been stated. And
that
one aspacK of this letter K that
we havc
w0d 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 than
it is
going to be for rental. We intend
to keep
K for rental, as
far as
buildinq of Uhis place is concerned.
As to what the •:ariancev are, I am goinn to turn it over,
to Mr. Vich and Mrs. Weiss. If there should be, anv Ing"ll problems that th(_,Y YLave
based upon these liniaanions, I'll be here to answer any questions.
Mo. Weiss: For the record, my name is Carolyn W025,
presidann of Intercontinental Properties, agent, with the beneficial
owner that is here Lodqy.
1 would lhko to clear
for the record on
my opening onntQ-
mann. thnthe prapnny
does hnva
sQwer Fncilibius;
which is already
on rocorl and is racarVd,
which
was bounK from
Intercontinental
EnAnenrinq. And this
wns dono
in DocnKar 200
of 079. So thee,
is sQwor 001inion dirnctly
on
N.A. Ah Street,
on the north sid.--
of LhQ streek. Also,
when the
proporty was, purchysad,
there Us
been fee title to the
property
for the water and
for the uplani,
which we Hoe payin7
Lomas on hrKnif
LKQ owncra since
197). Today
I hn! my hearinn for
Lho taxQw
for the: year 1981 .
which also rcriw_
that the water facilitios
tngeQnr
with Uhr upland
is part and
parcel of the property.
And under
the City Code,
if you have title
to sooner nad Ian!, tK
is your
propqr_y which can
be used to cal-
culsLe your floor area
rnLio.
Central Bnnk an] Trust Company, which records show in
190. Septembar, than Choy are UP trus%uQ and that the beneficial
ownqr is part of, aEiin,Lhe public record.
The litignbion
that Mr. Mar the ws have made a cloud on
dons no,
really affect,
the Welws• w or the present owner. There is
no nxisinq
litlaition
with thn preonnt developers, that is develop-
inq this
property. Mr.
Matthew, on behalf of the association,
swr%& a
lawsuit lonj
before the property was bought; and that's
Prior to
1970. And his
litigation henrinr was already heard, and
it irr on
appeal. The owners,
the Weinses, when Choy acquired the
proprCy
in Ncomber of
'79, and then thereafter sold it in
SeptwnhQr
of 190, bacana
a part to K merely by accident because
they acquired
the proper'
y, but not because they have been part
and pnrcnI
of an exisnim
lay, sulk. Thu lawsuit that Mr. Matthews
is Kalkin:
about was stnrwd
approximately two yearn before the
property
was bou� ht in
PncQmber of '79.
Mr. QhQowy has anon,har lawsuit which went against the
lenders. And that 10WWOL was rocenuly settled in excess of
$405,%5.00, which 12 On first paymonL for a controversy that he
claims thoL he has for Parkin, Lh%% was not given to the association
at QQ KMQ whon Lho dqvQlopm-nC was mide. I have here for the
record, just for infarm4%ion purposes, the,' abstract that was given
Lei Un condominium owrwr2 at Lho Lime nf puvchNne; which reflect,;
evnry%47 .in Lhoy rocnivod at that Lime. Also there is anoLher
innLVIMOKn that I hnVn Which vaClucts On contruvorsy that the
Suns"n VIIIns As::oqlanKn may hiv- LhnL, on a cluLhouse facility,
they Wor, Kuppon-j no hocomp m(olnvs just like nny and all perso=
April 19, 1982 Item 1
Zoninn Board
outride of the E eneral public.
Also, Mr.
Mat.}:ows have made .1110 rati. an
into his letter
than,
this 15 a cond
minum pro,ject.. I have here a
.study to show
that
this in a rental
project, his always; bPgn a
rcnt.'al project.
And -I
study which was
mado reflect, thin this is a
rental project,
which
I would like
to submit, for the record.
[ would like to start, discussing the projeck itself
rather thin rohnshinq what has taken place for ill reonons or
people who than have been unhappy for other reasons than not what
we .are really here to discuss today. This property is within the
density of Lhe City of Miami. We are not askin4 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 alrnosh 200 more: than the City of
Miami require. The number of units is within the requirement.
The number of p.ar•kinq facility is within the requirement.
Ofcourse we do realize that the Code than how been written, and
based on what we are goinv, has been written over 20 years ago.
Now, we all know that, this is an affluent; society, that even a
married cagple has two cars. If we were to build a project based
on today' n Coda, there the project, is alr andy obsolete. We hear
about, di, q, roennn%s in condomi.nums .and in rentals tha there's not
eno,I h p%rki-n: facltity, because under the Code for a larja project
you are averarinj npproxi mat ely 1 .75 pirking spices per apartment.
And th : , is net suf_•icien% under the Cosa... So therefore, we are
goinj above On Cad- requlrnmenL, not b"causo we are going to gain,
buo to make the pro•;.ncL march more com0mable for everyone that's
goi nq to live thaw' tompr to nlluw some room Or vin Lor' s
ri'hn th , thay '.Voull cnm- Lhern to Cho pro•jQct.
The lq . covor . of Chu
p rkin7 str..c;.0 : , on the overall.
have 811 opon s- _ e aren in this
land itself. by KKK _ and by
property is exactly 190. We
complete complex.
This pr ; j': c' is a water oriented commun]_ y. Yes, the
reason it has n: �Ken de elopod becau. e alc' of problems with the
_ cwor . The o•.:nars th,_.t_ took the propar•ty, back then they didn't
knQw that sower existed. Sewer has been existed because we our-
self, the Weisnos, on the Intercontinental. Engineering developed
On% sewer line thn% goes from 43rd Avenue: and N'r; 9th Street to
Ah and T Avenue. t;developed in 19 9 and
., ,teen a � � -':h �, •�. u_ That line was ,
all the property on NW 7th Street has been cutting in from that
line: t}eat, we own. So Lhe sewer line - we always had it, it always
axis 'd - and what Sunset Villao in using is the sewer line that
ti•re ourself have built in the area.
This project is a water oriented communiQ In the heart
of Cho City of Mimi. We all knew the problems of gas, we all
krin•r; Lho problems of transportation. And I would have to say Chat
this in one of the few projects in the City of Miami that would
still hn within the means of Lhe medium income bracket in the
City of Miami. You hrava the complete tr•ansporLaQun by busses.
You have' the eaross and access to 836 highway. You can get to
work wher-var you win! without travel inq 19 to 25 miles in south-
wnsk Did—. Why n"%? The proparl y was bought. right. And wiry
.:hkuldn' t, wo provldo a gap LhaL prosemnly exist.:_ in the market for
the pQwpin thNt earning b+'ween $15,ow to $10,00U a year. Because
th-no will ue ,p mant_, that will be rented from approximately
$405.00 Lo $750-00, whick the study would reflect.
And, We avn providing housing Oil, is hove
Lhat is
rl;.&� !
it LhQ m%r•.. •- . 'I'udNy w" ch�c.kod
with HUD,
and
we found out
Chat Lhorw
is 20ow parso1Is fafllllies
on a waiting
list,
to get
rental
haus&A We also spoke with
Jacksonville,
and
Jacksonville
rQflQcnn
Lip(' c .'',l In a nonI L}ear, in
Lh; City Of M
3O
there is a
-�+- April 19, 198: 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. 49e feel that we are fillinc a need in the
Community. And the only way that you can provide housing at the
medium income price is to be able to have more unit: so your
mananement costs goes down. Present man3gement reflects that it's
in excess of 400 of the gross income. The more unit:; 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 buildinf;
does; not have an independent recreation area. We felt, if we were
to provide for each floor a meeting room, that would make the
commwnit y much closer to,Tether and they could relate much more wKh
project rather to make them tran:end from one location to another.
In 1970, I will have to say that was the last of the left-
over Of cnndominum and ap-lrtment fThIdl"o; than have been built for the
meaiu:n income. Right now, if you had to buy a conUmi.num in the
City of Vinmi, you would have: to pay over $1.00,CV.00. The averaCe
person cnn't afford it. You'd have to earn in excess of $60 to
$75,CV .90 to afford it at today's interest rate.
The domonA for they 28,000 that, is waiting on the wai. _.inh
li5� wivh HUD, mar;ec up the followinE;: People in the $14,850.00
income br-ac ot., one per: on; 2 to 3 persons $16,000.00; 4 persons
W-K,O O.00 5 person_ 19,000.00. There are public figures with
the hou_,inj division. Whit we are providin- here is for the housin�L
mar o� to meet the needs in City of Miami $15-30,000.00. The City
of Hialeah itself righC izw is short, of 1,000 units,uld 41 units
for the elderly. The City of Miami, for immediate absorption,
y family of 1 to 2; and for the elderly, 3 , 421 ;
����� units or the Duet; e � ''
and 1 to 5 farni 11 es, 856. In Miami Beach, the trap is even greater
for the elderly; and for the young person, even there it's growing -
it' S 1. 3 jh.
The four variances we are asking; - now technically speaking
un'l�r tho now Code, where this project is in exceso Of 400 units,
we w(_,l.ld not need a variance but, we felt that we would like to
start wi%h this project as quickly as possible. Because under the
new CGdo, if you have 4GO units or more, you make your presentation
on the planned davelopmt.nt. Now we come here to give the housing
that: the markm needs, and we are not going with buildings in
�r
perimeters bi4ger than what is existK4. Right the adjacent
bu i ld_n, has exvc� dinar lions in width and length. Yes, we are
goinn 17 stories. Yet, the only way that we could go to 17 stories
is to be: abler to provide the: medium income in Cho City of Miami.
Ot} t;r:ri::t in couldn't be done from a management point of view.
I'm goW to allot: Mr. Robarto Vich to give exactly by
d zcrihin� right, thni— on the scNlo modol, which we will be able
t O e ffictly Wht'r'i: we are requiring g thoso variances. And the sP
var•i.r.,nct s would h-avi_, been vequirod. 'three of them are for the
pr,rt:in:rtructuro- '. In the City of Miami, any parking :structure
in c:.ct:._., of 12' requiros a variance. So regardless what parkinE*,
sLructur n, if we did not do the parking structure that we have
here, whit, wu would hove hertz to do is to take the complete 12
acres anti mnkt, K 2 floor parking, raise the building and come up
-10- April 19, 1982 Item 1
Zoning, Board
I
10
10
with it. We all know hc:r everybody feel., especially women, about
parkin- on the ground. So now we're g,o i nq to ,a cost to mike a
parking s',ructure above ground, so everybody can be comfortable in
the open air. And we are being; critici ,ed for it.
I think Mr. Whipple has not been compinCely 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': not, correct because we have made
modifications, we have reduced verandas, we have did a lot. We
are required under the Core 822,526. And what we halve is 1,000,170,
which makes it approximately 340,000 more than the Code. If we
were to divide this by 7 buildin s, 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
goin;_ over the floor area, but this is somethin:_, th.nt we have to
do in order to make this project feasible.
I don't wan% to go into economic:, because an it is
this
project
will require a minimsm of
$5,000300.00 in equity to
fret
it off
the ground.
�' This is not a
con.i Chat T�
omi_mum that you can go
to
h �
the bank
and got the complete money
on in; an! make a quick buck
and get
the hell out.. This is no'
the cosQ here. This is a
project
that
to get off the ground it's
gold: to require $5,036,COU.00;
there's
an excess Of in
equity ,ilr('ai?y in this �Y'�J)"Ct.•
And
before
con ctruct.ion cars scar' , an
addi`,ional V,(Y)O,W) in e;i-.ity
is going
to g, in this project to
gQt_ i� off the (;round.
Now, wo talk about if we were to reduce the amount Of
units, and tharnfore we would be within the Code. That's great.
But if we were to do than then would be buildin4 hotel rooms.
Beca°atie every unl_ here at this project is approximately 1,000
squ,are fon ; which includes your stair, includes your meter rooms,
your machine rooms, your laund:7 rooms, your mechani_cal rooms,
your corridors - 1,00i square feet. The averaje hotel, right now
that we have seen beinn built downCown Miami, in averaging 826
square feet for a hotel room, for corridors, stairwells and
mechanicals. So, therefore, it's not a question of reducing the
tho amoun' of units that:, you have because, if we reduce the units,
then we would be buildin7 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 coverinc approximately
10.160 of the
total_ Ion!
with
bui.ldin_�s; and
if you are
to include
the parking
struc%urns,
we
are covering a
total. of 1
§ of the land
that we are
reflactin:
and
showing here.
So, therefore,
810 is
open area.
And w,? art?
riot,
talking; about,
parOng; we're
talking;
about open area.
810 of omen
area.
We also have made a commitment to the Parks Department.
And the rc.:i;on 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 sel f i .,h reasons. And the sw 1 f'i sh reasons is this: The park,
Blue in Miami - it';1 a vary ugly sight. There are drunks,
pc�op1�, Lt�;rt, should nov be si tt.i nn there, the trees are all broken
Cite bui ldinj is broken down. So 1 went and _gay Mr. Carl Kern
at thy: Parks Departrcenn, and I_ said "you know, since our property
convi_nuns with your pinpwcLy to the park, where we would have a
comf,lnno continuous promun%d-, I would like to enhance your park
-11- April lr , 1982 Item 2
Lonin4 Board
0
so that it, could become a people - and made so that people could
enjoy it." F3ecau:se I f I-t t,h lt; if we are t;oi_nF- to b ai ld a :;truc-
ttare 11ke we are doini' here, then we will need ev(rvythinf, else on
that-, street so thrit; it, can be uprr,-id-. 13 cr3u:_,e, if' we have a park
there thrit, is not, compl.etely up!-ra(1ed, th(,n one is cont,ridictory
with the envi-ronmntt , tllai:, there. So 1 mad(' a commitment, to
Mr. Carl. Kern, and I told him thrit we would be more than happy to
develop the park and do the be,,;t-, ghat, we cyan. We already have
the survey:;. We're already makinr� plan:,. And the fi-rst, ph-ise of
that development, concurrently with the fir: r, blaildinj, to the
because that is where we hope to st*,art; - will be the clubhouse so
it can be used immediately.
Let,'s talk about the revenue to the City for a moment.
The,-,(- bui.ldinCs, when it's completely f.ini.shed, will gerierate in
taxer, based on todays millai;e - b:l:;ed on toddy's co:3t:, - approxi-
mately $1,509,000.00. In personal property taxes, it will generate
$,'y0,00G.00. I don't think i., so bad. The Citv could use the
money, and I know that we could all use it, to keep the City going
Right, now, accor_lin.r to Alvah Chaprnan - and the report is suppo:-.(�(1
to be comin- out within the next weep; of so - thn,, the City of
Miami. - Morritt St erham will be comin,; out with the rep:)r•t, - we
are goin:, to be h��vin�; a short fall in the income of approximately
$c, 0 .000, J)')0.00. So not only that the property to xe:, mi lie ;e is
j?nin:; to e'o up, bt-it also the va_luc:; is goinir to be tip by
2So, tl;crc my 1 million 1), you can add anot,hcr 10;fl t;o it., and
th.lt's wi(.,` we ,are t,_alkin:;.
Thi: pro,;;,c`, will b(, d-v,-1,-)p' d over a tilr,'n year, with
t':;o build.n:':, an(I Si.., mon-Ins apart, one buildlni; It
:.'i 1 Tnr1nl 'l' `
1 j,_. _,e ln(.,.,r;�- for Lh(' 't,rllCtle'1 wOT . (tT':� t1.r31 1-S hUr't;lrli'
'1.l(�r bail- ri, h'. rio•.•, and de��clo�..;(.:at th;:t, i� b:�dl�r nec,ded in t-lic
C1-* of %1..smi.
Aj;:ai_n, whr�,n thi,, propert y was bought in December 20 of
1.�"?, tr:i- proh..�, ,✓ wa.,, on C R-,, R-5. Und�,r those cr_lcu-
1", we a Vllr•ilince. ,(: rii;i not; ne('!1 a v�ir'ianceaIid wli�_-n we
tt12'oUj',h tl1(> %Onirt:-'; Dcparn' , they s" "Gr,
b; t,I,- w. t::(, n(�:r silee'. are no'l out y(t and we would like to
1'✓e tli-'m to yo'.." 1 i:id "wi,-it, s ICt^ you taIkin;, about.,' "Oh,
there ha-, be,!(?n a ch.n:-e in the zonilij,." That, clranc,%: onlytook plat(: a year
and a half . So up to :a y(,:ar and a half njTo - 2 yn•ar�,-you could btaild this
project, without, a variance .from anyone because, the floor area ratio
e xi ._,t:, and still should exi :;t . And we don't understand why than, par-
ticul,,ir propF-rty has been chanj_Ted.
Directly adjacent to the wet. of this project, there are
already 12 story buildings. This project is not in tree flight
p%1.1,crn in the City of Miami; and we have aerial pictures which we
2 i.led to brie-.
vjfv,rt we st, artCd goinj- to the Planning Division, we started
(i n:i1id ihlc' — array fr. m microphone
i•lr'. Al f on:,o : Pl e_a:;e talk to th(� mike.
M-;. Irlci:,s: Rob-t-to
Vich, could you plc,�t::(- Ix)int, out - I would like Mr.
11oh(;r•to V i ch
to po i rat, out to Lite
project,. When we, started meeting
With thr. Pl,,innirl:-
Dela,nvilrnent,
thi.:, wti:s our fir:,t drawing - the
renderiri;� -
and i•ir. Whipple':,
fi.r'st letter wns ba:;ed on this first
r•ertdrrr•in:T' that
w,:! are 1_ockinjT
at,. And, this, is what Mr. Whipple
tr,_l:s read i n *
,and Mr. Curnpl)o11 ,
b;i:;(,d on this first rendering. As you
can .,ee, �; (�
have :!rid,:, a t,r(,mo!id()u:;
chriiipe. We have increased the
lnrld:;crll,irit-)
by approximat.(�ly 5G"'.
And, I would like at this time
I•;r. Rohc,ri,o
Vicki t,o point, out
t,h(- vari.;ances that we "Ire seeking,
r_nd t.h(� chrarijrc::;
(Al, -it, hav(! h(( rI
rnWie From the application that have
h(!(. ra 1, i 1, �A .
`I'h;ank you.
-1 2- Apri 1. 1() , 19P Item I
ion i ni, Be.-ird
1W
=_ Mr. Alfonso: Go ahead. Talk to the mike, please.
State your name and address; for the record.
rill•. VtC'n name i.1 R01)crt,0 Vich. I am an ,nrchi_t,ect
and my office is at 7 l SW 24h Avenue.
As, Mr:;. Wels was I?Oin' in- out to Ycu, we have gone
through different; siavAs from the very be Lnning when we filed,
back a few months; ago - the very original plain layout, plus all the
other drawings required on the City of Miami Toning Department and
BuLldinn. 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 meetinn 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 aske! because you have it in front of you. I hand
out to you the rev isq! zoni n ; data plus; a comparison between what", -
roquirrd, what was originally requQs Lod and Chen what's proposed.
So you con that as per :;c:tb'acti:. , you know, what's�
callel yarls is rQquirnd, wo are asklnk; for the Tower number 5 which
;:e are a kinn for a s '.hick on the souuh property line. Tower number
7, we are a.skinj for a saVhAck on the south property line of 60'.
And then we are as kinn for tic parkin;; structures of 10' agai_nst, 20'
that is required. Tke par•kinn stucture number 3, the one adjacent
to Sunset Villan, we h% e modi_Vi_ed that one and we are 35' away from
thy: property line or 55' away from the buildin , ac .iI1ot 'what: we orig-
inol.ly a.ked for.
The oth,,.'. variance that we are asking for, as Mrs. Weiss
pointed to you, is the hatnht of the parkin; structures. 12' it's
allowed under Cho actual Code, we are asking for 30', 40' and 80'
hiVh 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
bock to the required setback; and we are over the required setback.
And the only one that, we are still asking for 20' variance is Tower
1115. And that, one, we arc cuttinT off 2 floor, 2 apartments per floor —
so that; the human scale still read: through and we don't break
through that, type of a visual scale. And Mr. Whipple was kind of
pleased th:at, we went through that; kind of - you know, at least if
we don't, move the bui ldi.m back we are cutt; i.nq in for the human
scale the first, 2 floors of the tower.
Then thy^.• Ion variance that, we are asking for right now,
it's the floor arni r.v: io. As it was pointed out, 1.1 is the FAR
allows! under anR-4 District. We are asking for 1.44, which is
only 30.9 over the required or tho allowed FAR. We are creating
balconies in the buildings, which we didn't, have them before. And
we are crAxing off tllow!anivs on Cho ground flooI', and thus, you know,
we are, r(�ducing thn FAR by only and going over 300 whatever it's
allowed. We are 1.1 allowed; we ;are asking for 1.44
The variances
thus, used to he bahween
buildings. The
din%ancn
between
bujI .in7s, we ;are el.iminacint;
We are creating
a mc>fr:a-:.tructua�e
of th,: 5 to:rc�r .; al to,retia,,,r, and
we arc droppini*
off one:
corflpt.(A,1
Va!'i::nCt' off, e v-- n though it, :;I1ows
on your origi-nal
appl lc;ltion.
-13- April 19, 1982 Item 1
Zoning Board
'S 5 d
4*0
So we ar•,? not ask inq for distance hanween bu i ld i nqs ; we
are not, as.;k i w for sethack from the water•:ra_r on 4 of the 5 towers
that we were askin - for; and we are: askkq onlyFor yarYi and
we are a:;kinq for floor area ratio; and the heir*hv of the parkins;
structures. Lik•_ Mrs. Weiss said, the hui_ldinq is under the
density ...
Mr. Freixas: Mr. Vich I lost you there for a minute.
Which is the one you said you dropped a.ltogo4her?
Mr. Vich: We drop al4o7phher the distance between
buildinns. 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 ask i.nq for in excess of 300 of
floor area ratio.
Mr. Alfon2o:
Excuse
me. Mr. Whipple, ,are you
familiar
with the varinno:Q wort:
data
offered
by Jacarol_ Bay Club?
And which
show different, from what,
we
have
here Ln the agonda. I
had a lot
of commwnn from Members
of
the
hoard that they need to
clarify
this ma%%ar. Any Vember
who
wish
to ask any questions, this
is the
rl-i;ht mo- ent, . 1Vr. Frei
xis ,
Ms.
Ba„ila , please.
14r. W h i
Ye._,
Sir.
I am familiar with somq
basic
ch.an: es- I w:=:_ jus, revir_winj
th" shnyt that, was hanAQ!
out this,
evenin: w Kh ro-ar! to
the numbnrs.
We are:
familiar wink tho su,-4q.:'
al
ch•:n ns. The
spy;cing,
as was
listed in
the provious roquerV,
have:
been eliminated
by
havinv
c:, rQc�i_n:
.structures co• at- nd
walkways.
Thiz s .i. ,sf
ion the
Zoninq
ordinance ,
and if you will, Crake,'._
it:,
onn h'.ri.ldi.n , -
which
sets a2
do the spacinq
formula requirements.
That's number
ona.
So I'm
anreeinn whit
the archKPc% on
that,.
Number two - I do hava a problem with the calculations;
that wa Q hnnduA ow. I believe that: there is an error. And we'll.
lenuc it to the appl_ic, n t to decide. On the third pnge, Roberto,
you tali: about the floor area ratio allowed 1.1 times the lot area.
And for some rQ%son you a od the 1.1 to divide into the total
floor area, rather than the lot area which would be 747-151. I
believe you're propos,inq, usi.nn your figures, a floor area ratio
of 1. 5014 , which - carry i 4 forward with your thoughts here - is a
44.670 increase and not a 30.9. I recognize that this is under
the ori4i n-%l request. I think, notwithstandinq, 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, tftj timc_� add a com""lent. It is true ,
are a:;-Lstf,d, we were aware, we, were trying to do everything we could to gob this project into compliance. Compliance is not here.
`I'hrit, iss> still out' problem. Is the plan than better than the other
011 I , on(, plan thrat, is not, better than anot.hor plan
not, And I .;riy yes si.r, they dial improve and
they hravrr a plan that's br-ttc:r. Jiut, it's still unacceptable to us. -
Mr. It-Ir. Whipplo, I undors;tand your plaint. I
w::rrr,, Mr. Ch:iirrran, bo make a print if I could now.
Mr. Al Con,.o: Y;?::.
Mr. I it's, unfair on tho Bunrd - and I
-ll}- April 19, 198P Item 1
yoni 4 Board
*0 ii
understand the
problems you have
with Cho Depart tent -
and I
under-
stand that the
plans still don't,
comply with the law and
what
you
want done with
the property. hut.
some improvement has
been
made.
And you are an
expert - you are
easy with numbers. He
is an
architect. You
can relate to each
other. But, I. don't
think
that
you can expect
all there people
here and me to sit, here
and
in
15 minutes dinnst
all these things
and all there numhers.
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':, not fair on
to the Board.
You still have the same recommendation. What I got in my
package is the same recommendations - ; i fir is I'm concerned, when I walker+
through thin 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, - T mean they might still not be
still in the law - but maybe if there 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
suggest inn... .
Mr. Freixas: No, you'ro asking me to. That's what you
presenc od to me.
i-lr. Whipple: No ;)Ir, I didn't present it. I prosented
a reco:r:nnndaiion for deni_ 1.
Mr. Freixna: I unln sa vnd that, but thorc was a chvnr;r�
in...
Mr•. W h i p p I c, The appl.i cant.. .
Mr. Frei.... : ...onn of the things that I understand
U4• tiiay eliminated for one. Is that, true or not?
Mr. Whipple: This is the preferred route the applicants
;:ink to take by which they wouldn't have to file another application.
They can be granted less than wheat lJoy have rx-t,itioned. But they can't
bo granted more. And to actually change it and readver•tisc thR-,
would have another fee. `Phis 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
chn-arms, in front of you or the people here this evening.
hr. Freixns: No, the point, I'm tryinj to make - and
pl (:-iso , I ' m not try i.rag to be difficult with you, Mr. Whipple - it'
just than, for instance, I asked the architect if they had eliminated
the horison.:al distance separation bovween the towers. He says they
have:. Is that, true or neat?
Mr. Whi_pp1 That, i., true. And may I again suggcE.t
wily - and it, wr..-� r,,arly on or started to ho stated and they
w"lv i n%wrrupLod - InV' s go through th,vu item:: of which they are:
pr;t,itionin4...
Mr. Okay, t"o thr•ou;Th it .
I•'r. our agc•rrda arid �;o from these.
-15- April. 19, 1982 Item 1
Ton i nn Board
M
Ms. Bisila: Just, so o know exactly what, they're asking
for.
Mr. Whipple: I'll turn that over to the applicant.
Mr. Vich: Al.rinht, we are askinn for a side yard of
'Power 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' sctbnck; which is ...
Mr. Whipple: Mr. Chairman. May I sungesK that, Roberto,
that, when you through thorn delete those that, are not of question.
Go r•iAht 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. Freixis: We got the first, two. The first two we
got.
Mr. Vich: Let's forgct, it. Let's start from scratch
again.
Mr. Froixa: . Alrighn.
Mr. Vich: Side yard: Tower number 5, 36' proposed - we
are aski.nj for that. Tower num�-r 7, 60' proposed - we are askin,
for Chin variance. Yard adjacen' to public open space: We are:
only askir 7 for Tower 5. We are deleting 1, 2, 3 & 4. We are
aski: _ for only one to;rcr of 27 awn- from the water. The hormonal.
dianance separaricn het,. un trworn is compl rely deli, , _d. So we are
not arkinn for ,any of those requires.
Mr. Alf•:;. no: (exp c %1 ve dalated) .
Mr. Vich: Pnrkinq stractures, emension into required
yard: NNin1- ntruct urp numLer 1 we are ail:inn for the 10'
required on the west and snuth; on the Parking number 3, we are
a skin for the north and south but we are delcting the east _
compinnol.y; we are separati.nq it, 35' away. On iire floor area
rn io, :;e are not, asking for 1.75, we are asking for 1.44
Mr. Freixns: How abouthe height? You say height of
par•'::inn structure.
Mr. Vich: Oh, I'm .sorry. Okay, for the height of the
parkin„ structures, we are askin- for the three heights...
Mr. Frei x.as: The ..amo?
f,1r. Vich: ...the :>arrie.
Mr. Froixis: And will you repeat the floor area ratio,
PI00 o'?
Mr. Vici.,: Okay, the floor area ratio that we're asking
for is 1.44.
r.Ir. Fr(:i xa:, . I nst,t- rid of 1 .75?
f4r•. Vich. instead or 1.75.
i•;r F.,:! x:is : It's a bi ', diff•crencc.
vo i c(! ill back;r,r oun�? )
-I;,- April 19, 1982 Item 1
Z0 i "n Boned
M
�r
Mr. Vicki: .1. Those arc the difference ones. Now,
l.et me explain one thins; t;h,at, Mr. Whipple was point:inq out, to you.
Excuse me.
•1:�. Wni:35: Under the Gndc, we aro allowed, if we have
10 square font, wo are allowed 1.1_ square feet,. And�ahat, vie. -ire doi_nF,
here, we're voK7 for 14 square feet. What Mr.Whippl.e is trying
to explain - yes, you may he allowed 11 square rent but you .:should
not say you're alloweA 11 square Cent. You should say that you're
allowed 10 foot and you want, 14 feet. Now are we allowed 1.1 of
the present; FAR or we arc allowed 1.0? And T think that, where the
confusion between architects - hecau:,e ?sir. Vicki...
Mr. Vich: Let me just stop - I think that both of us are
saying; the Name thing and we are under: Landing each other. Now your
point is that the FAR computation is based on the squire footage
that; we arc asking for which is 1,10',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 5l tc area as :Mated on
the first pme is very succinct; 17.166 acres, 74,751 square feet.
Floor area ratio is at, previously staLnd by Mr. Vich, they want
1,149,915 : juarc feet divided by the lot area. It has nothi.nq to
do with 1.1. Than is the factual floor area ratio as thy.. `Lonim., -
Division is noing to cwmpu'o it, in I compute it. Now, if they
rant. 1. L4 , fine they're stuck with thn%. But in e_ ncnce they ,are —
aa kl if they wan% the one million e 1 �kit, som(',4ii1_nq, or lmillion
10, they'ro nskinn for 1.411. 1 's vor_, simple. I evon dial it
or, m•, calc0ahor watch.
Vic: 0. a ✓, wf-- ar , ank i.nq for 1 .4 FAR, which is in
nice. - wo ire oskiN; for 1 . 4 Floor a v ratio, which is 30.9'o
in excess of what we ar n a;_,kinn for. And those are the variances
t:. _t we ar , asl':a.nV for.
Froi..as: I still. think , Mr. Chairman that we are
s'_ i ll in d;..Anrai'ven* with the floor area ratio. I think we Should _
clorif . -
.i
r. Alfonso: Well, they have different, point of view but
I thine: Un: 1.14 is cored. Thn;'s my impression. Okay, go ahead.
Mr. Vich: So really, with a R-4 Zoning District that we
arc within - and we are: were in front; of the ` I Members of ttac: 7.oni..a�;
Bnar•d hoc,Aina we arc aski.nq for variances. If we would comply with
the Code wo wouldn't be hero. And we wouldn't have paid 01,131. , 000.00 _
jnso no ccnn in front of you. We are here because we want variances,
and you car,:, the ones to ,jud; e if we should be granted them, you know.
If we would comply with everything that, the Code says, we shouldn't
wnnLa thy, time, ours or yours, to be hare. So, you know, we are -
well ofcaurna the (Tannin;; Department recommends denial because
e7er•yr.hinq that doesn't, comply with the Code I guess is denial.
E":t we'r,: hore bc:c,iu:;(, we have the right,, as being part of the City
of Mihmi, with this development to ask for this variances on this
ac%unl pro, qcL. Think you very much.
"r•. 1'�:r�.:,-Lugc>n�:�:, : h1r Ch�i rraran"
Mr. Alfonso: yes, Mr. Perov.
Mr. Purrs -I ;7unns: I would liko tho, representative from _
Un Buildi:4 and Zuninn Insp"cLion Dep:.artmnnL to make a statement
tq somo of the things that have boon prr_s"mad to this Board.
Ar. Al.I ons"
Mr. TuI Iy.
Co :ahoAd. State your name and address,
-1 7- April lad, 1982 Kom 1
Zoning Board
,
M,r. Tull:: 'Porn Tully, from the Zoning Division. Just
a quick note -Mrs. Weiss mentioned a private club or an athletic
club or somet.hinj like that., that, would he operated on the property
for non-resi_dent5. Is that correct"
Ms. Weiss: It will be for the residents in the neighbor-
hood.
Mr. 'fully: Okay, that would be for non-residents on the
property itself.
Ms. Weiss: Us.
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 lcavt 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 1975 and 74; and has been sitting dcwn Hermann since that-, time.
I don't think that the immediate use of the clubhouse is at hand
ri4ht now. And I think that we are at lensL a minimum of three to
four years down the road on the clubhouse.
Mr. Tully: 1 just wanted the Board to be aware of the
fact that it was no' pare of this petition. Think you.
Mr. Alfonso: Okay. You finished with the presentation?
Ms. Weisz: I will make my closLnr statement, after
Mr. Joe Matthews m_i:kQ2 his. That's if" tc, bu making ogle .
Oiherwl se, 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 doe Matthews,
25 S.E. Second Avenue, Niomi . I am the .attorney for Sunset Villa:
Phase III Condaminiam Asnociat.ion. I am here in that capacity;
ant I believe that some of your concern about the number of speaker,
mny he alleviated by allo:rinn me just a couple more minutes. I do
n ' intend to impose upon you too long beyond your five minute
limitation.
I rim the author
of the letter. I do apologize for
its
le::j' h.
Unfortunately, it
was necessary in order to present
all
of the
items chat, we feel
are appropriate for consideration
by the
Bogard.
I do not intend to
review them tonight. The purpose
of the
le' ter
was to avoid that.
I
also, unle:,s the Board
or Mr. Percy have some desire
for me
to discuss
it, dtdn'L come
here tonight to talk about liLi-
gnti on
that
my cl i wnt han with these
folks or anybody else. I'm
horn to
talk
about the project and
that's all 1 want to address
myself
Co.
If' I may :,tep away from the rnil-ofor just one moment,
t,o plrc_ sor, �t}rir on the tahir: in fr•on', of you for purpo:0:,
of 'illusoaLinn my.... (a by from microphone) .
Mr. Alfon:,r,: (Lirely audible) ...Oh, you want to put it
on the board? You nne, I can' L see it From Lh"r•e.
M::. B,,:,i i ,: sO,!Ieon�� can hold that up for you.
from th(�
-l�'- April 19, 190 item I
`l.o,ni nrr I3o,-ard
1W
Mr. Matthews: The gentleman holding it is Mr. D:argelo
Garcia. He is the. Pressident, of the Condominium Association.
Mr.
Chairman, Members Or the Board, what, Mr. Garcia is
hold Lap; is
n
copy - a bluel i_ne copy of the master plan or
the
Cove 'Tentative
- or the Cove Sunset, Tantati.ve Plat.; copies
or
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 nppl LcnnL'
5
property
but
also the property immediately adjacent to the
east -
which is,
the
property composing or comprisinq Suncset 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
pendi_nq before the Third District Court of Appeal. That': all that
I will say about it except that it involves easements concerning
Newer 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 hack few pages of it, which include: 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-
ceedinj before this Board in 1970, which I outlined and summarized
in the letter that I presented. The only reason purpose for pre-
sentinn the pictures is - Dar eto if' you can drop than for a moment, The buildinva that are reflected on the far side: from me - excuse
me - on Lhe near :aide to me are apparently intendod to repro 2m.
the Sunset. Villas project. And the only re.r ;on for this, phMoErvph
is tlrrrt I want; you t,o h,ve an id(.:,a or a per.p(ic',ive of the location
of this property next to the property of my clian' . And the ei KhL-
;tory buildinn which you see is the - what sears to me like the
smallest buildim shown on this schematic - no next one down - that
one KjK there is the eight -story buildinrn. As you'll notice it's
awfully clone to that three-story parki_nq gara,ne that, is set up to
be ri;nht next; to it. And, if you'll also riot, 1ce - just s..o you fret,
the pQrsl)Octive - all of those model parkin;; 04ns, all of those
s,inn: that say Sunset Villas, all of that, parkin: that's involved
in there in those photojraphs that were brouaK before this Board
in 1070 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
ne.igKbori.nq property owners.
The people that; I represent at the Condominum, including
the Board of Directors and the individual unit owner; - most of
whom are the folks here that have raised their hands as, objectors,
a1Lhou,,h there are others I believe in the immediate vicinity a,
well - when they bought, whether they bought, from Mr. and Mrs. Weiss'
formar corporation or from their lender, all came in through this
7LI1 Street entrance Chat, i_:; the entrance to this proposed application.
And all carve in in that parking area. So Chat they all understood
when Lhcs;; bought this property that, that was part, of their property.
Ap,oLn, I'm not here to persue that except, to explain to the Board
the rolat,ionship between these two parties and why we're here.
I would li i u to very briefly depart from all of that and
explain .simply the basis for Lhe; objections than our client has to
Lh i s proposed project.. 1 Lh i nk it's; quite obvious from the sire of
the townrss that, are shown on there, Lhe enormity of the difference
in this project vis-n-viss Lhe projects in the immediate vicinity.
-19- April 19, 19 P Item 1.
Toning Board
Sae
We have essentially four very basic, very stronq reasons
why we object Vo this project. `I'hn first, one in that there was
simply no presentation what5oever of any spoclal circumstances,
other than - if I unders4and it correctly - the hard economic timer.
In .addition to than, in accordance: with the requirements of an
app4nr,ion for a variance, i found no prQscntati.on either in the
wri tin ; - written appl.ic.lt, i.on 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 d1stri.ct, or in the im-
mediate neighborhood. ThIrAly, there was no indication whatsoever
that there's been any effort, to make there the minimum variance:-:
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' prc•perty.
Now, with respect to the showing of undue hardship, a.
unless I'm mistaken, the only thine; that I heard was the represen-
tation that somehow or another the hard economic timer justify ,such
a drastic deviation from a well-emabl.i.ched - in fact I believe the
Staff indicated that this zoning has boon there for more than 10
years; we did some rev i aw in the immediate area and her. Whipple
does not recall .any :such sisat,le - as far as I know even 1.4h,
if tll,,a - whichever it is - deviation from the immediate neighbor-
hood. In fact, the floor arQv ratio provided on that, original_ plan-
whi_ck appnrently was doomed fen5i.hle back in '72 - was substantially
less than i.l. In fact, just so thin you get an idea of the change,
the of%l pro,jecn was dnsi7nno to bQ nbnuL 98n units of wha.ch 400
wave to be plac-A on the property that they want to now put 980 on.
So that's some 1d• n. of the rUat i onship.
The only other thin:
that
I've
heard that remotely might
be considered
special circumstances
or
undue hardship is this desire
to build
rent of - middle income
rental
housing. And I can assure
you that
as a momber of this community
and on behalf of all my
clients,
we unders%and 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 he 5inr without even knowing who the applicant is.
Secondly, I do hate to di_2anree but Mr. Vich appeared at
the Booed of Director's meetinq with Ankenford(?) to explain most
of these changes which they didn't explain to you until tonight.
Ani, P 11 be: happy to give you Cho 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 ' cau; e this is going to be
a real first class operation. Now, I'm not challenging that; per -
hops thr re was a micunderr oondi_ng :.somewhere. But whatever the cage
may be, I think that, the Bogard - if the sole basis for this undue
hardchip is going to be the desire to promote this middle income
hour:inq, I would think Chat at thy, 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
i 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-
menn with respect to they undue hardship.
Now, with respect to tfae impact, it; is my understanding
from personal experience, pernonn1 observation and also from all
of ray folks that there is no mull, i -nLory parking Enrage anywhere
beta. won Red Road and LeJeune Rood, and NW 70 Street north to the
Blue I„agoon. I think LKnc is .an awfully radical change in the
naLur n in this neighborhood, particularly when you realize that
they're talk in, about put.LUK in a parking garage that': twice the
vast majority of llvr-nn (.carters - living buildings that are In the
imm"Kinve vicinity. These are pnrkin4 gnrnnns that are going, to
_20- April 19, 1982 Item 1
Zoning Board
.40
v
have a nice time with their head l i_trht;; ju:;t, flashing cio'rrn and _
look i.n ; into the units. I'h) t' whn (, they're to lk i.ng, about do i ntr
het•e And they' re putting it in to really only 12 acre:, ' cairce
5 of t:.ho:,e 17 acre:-, i , sijI)mert?ed . And, all of thoe neat, littl e
thitlr-.:, t,h(�y've trot there ;howint, the dock:; and everyt,hinf,, they
are not )roing to do without my cl.ient,r,' permi:,ciorl; 'caucc my
client ha:; non-exclusive easement, to use, that entire waterway over
which they're being; allowed to compute t;he :;ubmcrt7ed Land:,.
Now, thir; impact, on the immcciirite vicinity - or immediate
community i;, really severe. There war; ,,orne reference made to park-
in;; ; I rnnde a presentation in the letter, I'in not f;oi.n;, to go over
it at-ain. Mr. Percy ir, very farni liar with the par':i.ng problem that
t:, with my cllenL. The only thing that. I witl will :;ay i:; that.
whnt we're tnikln;, nbout doing; i;, takin:,, a thou:,nnd people: and
allowing, their extra car:, and their gue.otr; to compete - and I would
invite yogi all to t;o out to 47th Avenue and N.'.1. 7th Street and :,ee
if you want to compete with anyhody for nn on-:;treet parkin -, space
anywhere in that area. Because, according; to the problems, that
exi.:,t, rit_,ht now, we're talking; aboulk, adding; all of that extra
park-lnt; to say not,hingr of whatever parki.nt, rnit,,ht come along; with a
clribllou:,e that's event Tally t;o ing; to he open o the public. Those
,me of the impact ; th,-)t I think the Po,It- ha:, to con:;i.;lcr.
Thi:; project i:; doing, to have on the irnmcdi,at,e vicinity, not only
my c1 ).eat,:; Who A(irni ttc(ily ha'v�C a Very vc::;',ed zIlt,e're t hccnu. e of
the 1 i', i;-,'lr,ic,n involved and ,o forth, but al:,o ;31.1 of the other folk:.
tiI,- live up and dov;rn i).';:. 71,11 >treet, .are g*oin,- to have the ,<arne
ba:- i.r prat�l.rrn.
I don",
want, tC
fry , ln`,o the It
is p,-; t, of the li
,i ,;,r,,.on
a., we] l . I a�..,,,r ti)a
_,' :; "OM(•th i erg;
t�ln ,
*6 Ci' v i:. ro1r,:-
t,o ui
r�, thr:rn t,o cl,-2nr up.
'I'hr, only ttlin,--
th::',
I Wi i1 .,:ay is, the
, they ar . f'i_; h*,in;, for tho ri -h';
to hook in
to
our .,carer line
to an any.-i P,':
an
i_._ I i7 i i, rid to 5
1]rl l t...
So I don't (Ii1 kIlC.rr
t'r}lr;•l her I,I1 ' r,
l•;}l:_ ,
t.}: re pLann i n:- cn u., i n;,,
I doui,t that, the-; are
becati-e they're
Iiut if it, .i_s ,onrc' tli n7,
that, thi:, Board
nr:C. 110 con:;i.d•-.'r
than I think
they s,hrnild.
Iri n, l.ly - I ' m :;orry, I wn�-, to -o into the 1. 75
I'm rc;3lly :,orry. I do ackno•rrledg;e th:3t %Ir. Vi.ch came and
told me 1.1,4, but tl:ercnft,cr I did wh,3t. I thouTt,t; I wa:, suppo:,,ed to
do. I went to ti:c City fi_Ie�,; I exarn1ned thinI) , and it'.^ my undcr-
.,t:3n li n, that it's 1.."75 - and that, i.-; major. Th,,t is to me a re-
d 1 ,trict_l n? throu,;h the back door. Not that, 1 .1,1; isn't bad encut;h,
bur, I'm :,orry I wa: prepared to deal with that.
La:;tly - if I can ju.,t, :,ummari .e and T'm extremely sorry
to h:3ve taken :,o long, but .I think that, all I' 1.1 do ic, ask ...
Mr. Alforu,o: You are.
Mr. Mr. Mattt)ew:;: ...the:;e folk:; if I've accurately
rr,pI*I2"C:rr(,j1d ir,. I?•,.,entially what,'., h:jppenint; i the propo:;al -
irrc•:,p:ct;ive of the hi.:�tory of thi:; project - is that they're t;oir)t;
to t:,k 1I_ acre,:; of land, with 5 acre:; of-;ubineri,ed land next, to it
that t.hc;y can't u ,e without my client,:;' approval - and they're
goi.n:- I,o put an extremely Iiitrl) dr,n:,i,,y project into it. Nov.,, the
only I,hIn,, thri1, 1 want, to point out, with reL:pc:ct to t,11e-;e - the
tt):,t, they're no lonj,,,•r .;�>r•kin; in hettvecrl liuil.dingr:,; ju;,t
eo yr,u th,it, n11 they did writ; they tool: a taro level :;tr•uc-
Lur,c and they' re took i ng, them on(t to another, r;o note they' re call in;,
it. one building. 'j'hat' :; the only ttli n;, they did that, required thoill
or• ,IIIr,,aii f I,h(:rn to wit,h(Ir'Iw that re(11.1 ;1,ed v.firiance. `l'hat is
ex:)ct,ly 1,11 s,1l%e a:, whnr, writ, pre:,tinted before except, tI)nt they put
t,h i 1 i t,t, 1 c t,vrO ..,t,or•y teal kt•r:3y ill be:ttrr r rt. lloa going, to
hi i 1 d that, wh(,n tt)(, i r pl art project, bu i 1(11 n g r, one or two stories at a
1 - April 19, lV)>
ton i r)tr hoard
O'
time, and how tttat' 5 going to constitute one building; is absolutely
beyond me - but I guess that's your problem and not ours.
Basically, this Board ham to realize that, they arc talk-
ing about an exceptionnIly radical change in t,hIs ImmO iate neigh-
borhood. And they are talking about plopping down in the middle of
this neighborhood withoun any concern whatsoever for the impact that
it's going; to have on the people to the east and to west, of it.
I apologise for taking so lone, but I want, to thank the
Board for it's consideration. Now before f go, I would like to ask
Mr. Dargclo Garcia If he would please .Mate for the record, as
President of the Condomimum Association, is whnn I said properly
representative of the view of the Board of Director;,?
Mr. Alfonso: State your name and address for the record,
please .
Mr. Garcia: My name Dargelo Garcia. 1 live nt 4805
N.W. 7th Street. As president, of Sunset, Villa: Condominium Associ-
ation. Mr. Matthews here ,just, stated our position, and we thank
you for your time.
Mr. Alfonso:
ttil r . M
to nns er them, sir.
Mr. Alfonso
Mr. Frni..o2:
Thant; you, sir.
If you have any quorti ons, I ' ll be happy
Anyone cl ne?
I have a question of Mr. Man ,hewn.
Mr. Alfonso: Any one: else from the Condomi nu:.,? You h<.ve
a quostion?
Mr. Frodxra:.. No, if yo:a won`. me to wait: U1 after a
while . . .
Mr. Al fon=
Mr. Mn!Qe:vs:
my cl icn%s, here.
Mr. Alfonso:
ahead Mr. Freixas.
No Wn okay. Go ahead now.
I don't if there's anyone el2c other than
Let's— He has a question for you. Go
Mr. Freixas: Mr. Matthews, at the last time we deferred
this we asked you people and the developers to get, togooher. Is
anythi.n; that you have in mind that will middle of the
road, than we can accomodate your side and their side? I mean, I
have heard your objections but is there any ideas than you can share
with us tonight.
Mr. Ma1,1,hew.,3: I understand what you are saying, sir. I
hravQ CO preface K by saying 1 :puffer to dictate or the desire to
dict,nte what, chase folk: do with their propery. But, I - accepting
the qunU i on and accept, i nq that, 1 do - I ' m not saying what they
should do, I don't, :gee how it K conceivable to interject highrise
park i nc spaces - pork i nv Aarages into this neighborhood without far
more radical rea::onn th n hove been pr•event.ed. And secondly, I
don`, kn(,,a how to d i scu: n 10 with them until we talk density reduc-
tion. Now, I understand that, by computing the 5 submerged acres
they have br_,err kind enoiwh to f►ive tip G of t,hei r 982 allowed units.
But - I ' m not. Lryi n:,, to dictate what they can do with their property
but I'm afraid that, `3(ricnu of people, I'm don't know hot: to work
with this project, whnn nhcy are Lalkin4 about that amount of people.
April 19, 1982 Item 1
Winn Board
" cti_,.__
Mr. Freixas: No, no I understand the`.. 1 jw3n - if you
have any !dons that you could share with us
Mr. Matthews: Density, yen :sir, is really the key. I
don't know how to nnywhern without ncknowlnninn or nddrassinq the
problem or the number of people and the units they are talkie,
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: Dargcl.o Gar cin, 4805 N.W. 7th Street.
I wish to state. before the Board tonight than 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 :pit 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 tnki.nq enough time to go over
the project with Mr. Vich.
Mr. Alfonso: We thank you, sir.
Mr. Garcia: So we took the time to a!" down with him and
discuss tine whole project.
Mr. Alfonso: 'That's wnndnr•ful, sir. Anyone else from
the neighhorhooi than want to spank" If not, I'm qoin7 to re cognive
Jane„ Cooper. Please come to thn mike. Annet Cooper, pleave we
have a timn limin hare.
M_;. Cooper: Janet, Caoper, 1901 Brickell Avenue, presidenn
of Save Bri ckell Avnnun, Inc.
My main reason for coming; here tonight as representative
of Save Brickell Avenue is to indicate our continued opposition to
the inclusion of submcr.7od land in cnlculati.nq density and other
calculanions. We expross:ed this position a nu;'Ler of years ajo on
the Santa Morin, Villa Rcjinn and Imperial. projects. I'd like to
incorporann, by reference, our arVumann5 presented at those various
hearinjs.
I'd lire to point out to the Board that this, is, another
example of the harm tint is generined by this policy of including
the sut,mer&cd 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 differont controls, density, floor area, setbacks, park-
ing. All of which are desYgned to work together to control the size
and Cho shape of a project. And it is not, consisOant with the Code,
with the intent of the Code or the goals of the Code, to allow a
person to pick out thaK one measurement which would allow them to
have: Cho greatenn number or size development; and then grant vari-
ances in order to enabla that, ono Treater measurements, to be ful-
fil.lod to its greatest extend. And Chat's what we're here; an
attempk to take that, one measurement by which they could build the
most, and Khan ignor the rest, of the cede. And that's basically
whnt':_, hopponin7 here and a problem.
Just
briefly, in listening to pres,entntion by
the appli-
cant,
I would
make the followin? comments; which are mine
personally.
I've
inquired
of Mr. Whipple and Mr. Campbell., and I've
been told
thin
Cho ;toning
his not, been chanjed on this, property in
some ten
years.
And if
Cho appl i cnnt had applied for this, project
a year
and a
half' afro,
there would have been the same variances
required.
-23- April 19, 1982 Item 1
Zoning Board
lb '�
That, as Mr. Tully almost pointed out,, if the club
facili' y is open to the public - to ott:"r members of the community,
in addition to those people who will be residing on the pronery -
there would be a signif icann add i 4 i onal. p.ir'k inq requi r=pnt which
has not been addressed in this application.
That the requirement; for the distance between the bui.ld-
inqs, 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 immcdiat,ety
and each of the remaining five buf1dings 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
bui.idYnq that, will constructed at seven different times or at six
different times. An the other hand, I think that that's an incon-
s_i_st ant 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 arc goinn 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. Alfon:,o. State your nano and addrocs again for thy,
record.
Mrs. ';:e!= C rr,l.yn ::c..._, Int,crcrntincrr'._irll Pro pries,
agent, for Centrnl. Ban: and Truss Compnny as tru:_. %ee for the bcne-
ficial. owners.
I wouli like to suhm1% certain i_nstrumonts for the record,
which will reflect all our discussions that have been made here to-
day. A feasihi.li_'y study by Merril.1.-Lynch reflect:; Lhnn we own
in excess of 20 acres and we are using- 17 acres. I'm submittint,
a survey by Dennis and Dennis which shows ;1e own 20 acres and we
are u5im % acres. I'm subminLi ns our revised calculation for this,
meeti nI, no reflect that we are ask i.nr., for 1..44 instead of 1 . 5?. I'm ■
c.utm! t,tin- for the records a ,judKnmcnL that was entered and accepted
by Sunset, Villas Condominium Associaolon of a lawsuit that was
exisLinn prior to us cominj on this project,, over two year in %%.
And they have a settlement here in excess of over $400,000.00 as
the first, payment. I'm submittinq copies, of the tax receipts, which
shows that, we are payi n ; the property taxes for submrrned land and
upland. I'm in excess of 25 5ignatures from the neighborhood to
reflect people that are in acceptance of this project. I'm sub- -
mit%W4 our letter to Sunset Villas Condominum Association that we
have made effort, together with the Association and with Mr. _
olatch:a s, to discuss W2 project; to discuss this project. And we
got nowLora with Mr. Matthews, he would not say anything,; and this;
is our letter to him. I'm submitting our looter to Mr. Karl Kern
from the City of Miami Parks Department, making our committmonL to
be concurrent with the project,. I'm sut;mitt,i.nv area data and in-
formanion t'hot reflect: hardship on the rental in the area and what
the community is sufferin,,; and the vacancy factor:; and what's hap-
penln4 in the hcus:ing market. I'III s uhmluing my complete commems,
that; are in wrluinq, to reflect, my complete argument and subsLan-
tiaLlon Ono I hnve made.
And, for thc- 1-1-:cord, i wcrrlld like tc, hrilrT up that this
proper•t;y ho:-, versant, for the pn.-J, tc!n years without ally
revi�nuo, to the Ci y. And that, 1viv. dos,,s not, want this, pro-
ject, d�,v� ] s,i,(.d. At t,i:(� t, ir.Ic: t,i,-In tha pro joct• was submitted back in
1972, it was E! of Lho total PAR. And nt ti L tine, the one -
bedroom npnr•LMQn% could ho bu it t, and dol_i_ve,r ed and sold for $15,900.00;
-:",- April 19, 1982 Item 1
'l,oninj Bnnrd
V*
that's
whnt our
sales price.
And moc,t of t;he
Condominium A.,;roc.iat,ion
here
hourht, the
one -bedroom
apartment at; $11),�-)00.
To detiver the
same
npartmcnt
unit it, will
co.,t in execs:, of
$42,000.00.
I would like t,o say that,, at the t imc� when we would start
const,ruct;ion, a buildinEr permit; will be taken our for the complete
project; :,o that construction would follow one after another. And,
a building; permit, will be for the complete project, and not for one
building; aL a time.
As far as the water, it exi:,t:,. The sever there is a
recorded instrument-, contracted at $750.00 per unit; which is already
recorded and part of the court;hou:,e record.
The di,3t;ance between building, even though they are saying;
that this two floor connection which connect 5 buildings and the
parkin}- structure is 80 feet, a distance. A six -lane hi.;;hway to -
,ether with a median, in the City of Miami, is 67 feet; the distance
between Lhese buildings is 80 feet. It is very hard to visualize
80 feet but we can visualize we can visualize six -lane hif;hw,iy with
a median; and this is in exce:,s of a ,;ix -lane hig;h'r�ay.
The variances have been dropped; meet in -�-, hnve been made
with the Planni_n;r; and I think that Lhi:, project should be approved.
Thanr: you. Thank, you a�,ain for givinf, me the time to make
prc:�cnta',ion.
Alfonso. Thank you. At, Lhi.:; ti:^.. we arr-1 g;oinr; to
clo:.e th,, public hear in.- and :,t;nrt, th, di:;cu,-,„icn abou`. - amont,
Members of Lhc Ronrd.
,ji-,it, like to ask the nt. .orney.for.
my O'. n inform,-jtlon, do tie r or do we noinc.l.uu- tLre :;1;1;';cr;,ec:�landG?
And i.c t.i,,rt; a priv,at,r- 1�:.:e, or a public 1_ar:c? I don't quite under-
stnnd thi in my mind.
Percy: The applicant hris submitted to the City
dociimcnt , of owner. -,hip to show thrit the submer cd portions of the
land that is bein ; included as p;-3rt, of their lot aren calculation:3
a ., o,vned by them, to the snti. ;faction of the City. And the City
ha";, in the pn.;t, is;: ued ari opinion that would allow for the in-
clusion of' subrncrg_;ed land adjacent to upland to be part of one
con:;id-ra1;ion. So that interpretation has not been reversed; and
that, 1:, t}ic present, feud.
Mr. Freixn:;: Plow I have a qucst,Lon.
Mr. Alfon:;o: Ycs, go ahead Mr. Freixas.
(Inaudible voice:; in the background)
Mr. Iia:;ila : About the submerged lands, yes. Has - my
under ;t.rindi nj*, it thar, the I'larini n,; Department has not included the
land-; in Lhe i r calculation:;. I:; that, or if-, that, not,
correct,?
t Mr. Whipple: That is riot, correct. We accept, the deter-
' mi n:rt, i o,n by the Bui ldin,- Depart,mont , the Lxw Department, that that
bind i:, iricludccl. And my comment,:; did include the water area,
no L;rit,h:;l,andiria, r,he fact that, we don't like it.
Mr. Al fon:;(_)
the; reCr�r'd .
Or:ay.
1'hnnl: you, :;i r.
Tluit, what I want to put in
April 19, lc?;'? Item 1
Ton i ngr board
r.
Vb
1W
Mr. Freixa:;:
Pur.,raink; Gloria':, cc)mmentl Th, c i:,
tali:
or 17
acre:.
- 17 poi.nt,
:,omcrt,hin:; acre:,.
Now, one one or the
things -
that,
had
j�lst. p 1:,:;cci my
hand:; now .;klo�r:;
cf i ffcrent. ;c1 are we
talking
about
20
acres? A rc we
to lk ing; ahorat, 1Y
acre:;? T f wr, a rc? ti
I k, 1 r, , -
about,
20
ncres and then
f think that, all
numl)-rs vary
here.
Ju:-.t,
n glle:;tloR t}gat;
I have.
Mr. Percy: Okay. Fir:,t and forerro:;t, Mr. Frci.xas, the
applicant, has to submit a r,urvey to Mr. Pcrei's office a�-,ide and
apart, from what; has been .,uhmittc?d to you a., exhi.hits to thou
presentntion. The initial, that; the PlanninE; PeI)artncnt, reviewed
to det,ormine that thi. , nppl i cat k.on wa.; n proper appl i cant and that
the relief that they were seekintr was perrni:,:;nble under the Zoning;
Code nrid the v.ari ancn.-, that have grown out-, or tho:,e, is the opera-
tive survny. And 1 f' there'., a conflict with the: e suhac:quent doc-
ument:,, we would want that; clarified or, what those documents tIla`,
conflict, w:i.t,hdr•lam. 'I'he opc.rat,ive documents would be the ones
submi.t,t,ed at the time that the appl_i.cati.on wa;, filc:ci. And, I
believe, that there were submitted ns supportive. And to the extent
that, they arc in conf.l.ict, we would abide by t,hc documents that were
or-i_F-innlly .>ubr.,itt,ed.
Mr. Frc i xn,, : Not to d i :,a f;r�^c , hl0, of;a�in evc,ry th i ng tha';
has been pre:,cntcd tod,,y ic, contradi_ct:,ive to the ori�,inal appli-
ca ien. -
MS,. Baro: Mr.
fir. rrei..;l:,.
I mean, if you
irr-'t, my
the
wklol:�
Iso,lyd
we saga
in
3 ,:11nllt.:C:,
tlme eVaLllat.^
tliFJ Cll;iil Th ,
an'1 t;I7'.
Lml;aCt�, nn(I c%,Cr,,
;illn,,
yol1 kno,
arc: d-n'
t have
all of.' tkre;,e
th7_nr;:, i.n
con:, i-derv'., . on
a , a
-)t,nfl' meet,in:-
or
in our,
p.,ck(>t:;, you
Know.
Mr. Percy: Thai, _Leave:.
will; thi.. det.ermination
i%ir. Freixas
and r o i rd . You go i.ng to have to
rely on
tho f i gure�-, provided
to you
by t;hc PL.-1nnin;; Dop�r. rrtrne',. �•lhen
we havc
,a diseputas to
the FAR,
Nr. . hippl_e' :, figure.,; ,arc ro_i_nj;
to havQ
to be included in
the, Reso-
Iu',ion it' this Board i.. di.;po:;ed
Lo grunt;
the rel ief that'.;
.so!11t
here . I ;could not, recommend, if'
there' :,
:3 d i:;pute within
the Depart-
ment a:; the numbor:;, that, th.i:; fio;jrd
rely
th,' nppl.ican .'
flFTures.
I Worlld re•coMmrnd that the Department,;:-;
figures be relied
upon, if
i :, at ,,ill i ncl i nod to
grant the
relief thnt' s being
nu�'flt; her'C torlWht,.
Mr, Mr. Chai rman?
f4:,. Barn:
But Mr. Wh i ppl c
- I mean
-
there are otlier thinj,S
that
;ire confusing.
As for example,
such n
thing, a: se•;rer facilities
are
very import -ant in
a project l.i.kc
this.
Mr:,.
i,lei.:;:, says that they
dc, h•a;e
it; they have
taro whole block:,
anti
the -
Mr. says
no,
it belonfr,:, to ;3un:,et
Vi_lln.,;. And
then
what.
does the Department
na Y?
Mr. Percy:
Well, you
crin :;imply
rii:)kc that a condition of
;iny :lphrov.i I , again
if you are di:;po
ed to
do
:;o. Any concerns that
Loard ha,.; with
t.11c, variance
reclue:,t,,
you
could apply whatever
cc�n,iiLion that, you
think are rna:;c,rlahle.
And
the concern:; that's
bc.(�n rai:,ed by Mr.
Matt,hn;r:; and
other., and
Mr.
Whipple and the Depart-
mc;nt , tho) ,,,c� earl be
coed i t,i nn:; to
:lny npprova
1
tki:rt you may wi:,h to
grant,.
Mr. A1Con:,o: Let rile: r3:;l; you n quc:,t.1on - if they don't liave
the. hrf.pr:r, :,c�wc�r,they c,irl't, ]lave the: of occupancy. So this
i ,; :]ill i (":Illy; they rnu:;t halve it.
mr. Pcrc::-1,ugonc:;: They wouldn't, be nllowod to build.
-P April 19, 19a? 1Tem 1
Zoning Board.
Mr. Alfonso: What is the problem here?
Mr. Percy: What they have to know though, Mr. Chairmnn,
is that if that is required then the permitting process :;ill reveal this. And the applicant.-; need to leave here tonight knowinf that
a permit would not, nccennary issue if this i.:, not, a condition of
thir; Board. That there's another process that will filter that out
and could also delay the development of this, project, whrther you
include it, as a condtion or not;.
Mr. Frcixas: Well., I think they know whet they are doing,
and I know that they need the sewer:,, and that ha:; nothing to do
with this.
Mr. Perez-Lugoens: Mr. Chairman?
Mr. Alfonso: Mr. Perez.
Mr. Perez-Lugones: In order Lo clarify the question of
the total. acrear;e involved in this, the survey by Dennis, and Dennis,
shows as part, of the survey certified by the surveyors that the ne`,
upland area is more or less 11.910 acre.;; and cover number taro, :ihich
is the submerged part;, is 5.116 more or less acres...
Mr. Freixas: We're talking about, 17.
Mr.
Pere-,
And, th,-it is a
total of 1.7.02,) acre::;.
And the usable
upland
area is
show to be 12.05
more or lens acre:;.
And that, Is ac
per
sum:y on
file.
V1r.
AIforr
Ok,_,y,
th,:tnk you. Mr.
Frei.xas;? Anyonr? el,;e?
One at a time,
plca:,e.
Mr. Freixa:;: Ye:,, one of the question:; that we were ankin,;
ourselve.-, is - ,ghat can we build there? Ho,„; mriny unit.,?you krao,.-;, how many uni_'--�:, can be built there without the.. cot in;;
and getting any varlancc? I rrlean- What; l:� It that they arc a J;ir1,
in e):cess of'? Not in floor area ratio but hog-,, many unite?
Mr. ,,Jhi pple, you think that we can get an idea of what they are
ask -in for no•,,f, comp.arin,; unit,?
Mr. Alfonso: Well the applicant knows.
Mr. Whipple_: I need two step : to gri.ve an ans:;er on this.
And it' you'll follow what I'm .about, to say. The applicants were
correct to the extent that you may, in an R-i� Zoning District,pro-
vide so many units ba,ed upon your land area; tfie maximum. Okay
no:j, that assumes compliance with other regulations.
Mr. Freixas: Right,, I agree with you.
Mr. Whipple: That, maximum, if you comply with other re-
gulations, i.s as the applicant; stated which is 982 unit: would be
the absolute maximum you'd be permitted in this district.
Mr. Fr•c•ixa:,: 982. They have 976.
Mr, Whipple: Now, what could be built within the regu-
lat,ions;, rrreetinf the other regulntion - which I believe was; basically
your quc:;tion - you have to as;:;ume a pernmet,er somewhere along the,
line. As; an illustration, may I ras;s;urrie the t;ros;r, unit area that, is
propo,,c,d in thr! project before you thi.:; evenin;,. Now it's not a net
unit, n re,a , i t;' n a gross; unit area; that includes. tine club area, the
rcr.reat, i r,n bra i J di n��, t}re whole ball of wax. That. average gr o:;:; unit
s;ire is; 1'l i sgraarr: feet. Now if you were to take that. figure, then,
rand divide into t.hn pc,rmi tt.r-.-d floor area ratio of 1.1 times the lot,
area you aoirld come our., frith a figure which I believe is approximately
-27- April 1(), 1982 Item 1
Zoning Board
NM
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 than 1216 square foot,
gross size, is 676 units. That would be permi%%Od today; you could
get a permit, tomorrow for that. 676 versus:, the 976 proposed.
Lot, me just add a little more confusion, if you want.
Mr. Freixns: Please do.
Mr. Whipple: The other way to do this, and calculate it,
would be what; would be the unit size at 976 unit,. 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. Freixa5: In other words, if you toot: 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 chan3e it just
a bit - if you took the maximum number of units permitted...
Mr. FrOxas. Right.
Mr. Whipple: ...which were ree,itted as first, point...
Mr. Fei fas. On, okay.
Mr. 14hipplr�: ... and divided into the floor are, ra..-
floor area permitted, pursuant, to floor area ratio...
Mr. Freixas. I.I.
Mr. Whipple:
Rinht
- floor area ratio,
then you would
come up
with an average
unti.
^ive of 842 square
feet, plus or minus
Please.
( Discussion among Board kcmbers away from the microphone)
Mr. Alfonso: Mr. Frei_xas.
Mr. Freixis: 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 thin; 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
dcvoloper to bring proof, you know, that, their calculations are
rioht 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 r{educe; they have eliminated a bunch
of things. And I think that, in this time and age in the City of
MInmi we need rentals. There 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 come qun5cions in our mind? And so many things that
have been presented from the Board just tonighr , you know, as far
an 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, Loninhh. There's a big difference:...
Mr. Freixan: I agree with you 1000.
-28- April 19, 1982 Item 1
Zoning Board
40
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 Chose things. The
hormonal distance, they eliminate that. 1 have no question in my
mind - I don't have any. On the parking structure, they have the
same except the inside station. The height, of parkinn structure,
they are asking for the name. And the only difference here is the
floor area ratio, which the Department shows at 1.75; but they
admitted that they have made some changed.
Mr. Freixns: And it's 1.44 now.
Mr. Alfonso: And it's 1.44.
Mr. Freixan: Well, that's where my quen ion come: how ...
Mr. Alfonso: The question here, Mr. Frc,ixac, 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
0 qW
Mr.
Freixas: I mako a mot ion to approve it .
Alf'orr:ro: Ok -Iv.
Iir.
Freixas: And LnQ only thin:- thlft I wiil :rttr,ch her-
1. t, he - and I
di -n - r, know hew I c:,n rr() rihoIIt, 1,rn I :, 1- r•rnv:y
aholrt th., rlomr
r,-rt1.0.
Mr.
Percy: What,'s the e:r:,encn of your mot,i,)n, Mr. Freix,Is`'
For approval`?
rAr.
Freixas: I gn for npproval. Ok,ry. Now I have no
problem:3 with
the side yard; wi.th thc., yard public open sp,-rcc: on
Tower number
5. I got no problem with the parking; structure, the
nur::ber 1 and
th,3 number 3 , I ,1,hi nk il' I have cross everyth i.nfr out toni t,ht
right. And th(r
hei.j;ht of . the parkin; structure, I got; no problems
with that;, Now
the only problem in my mind is the flog area ratio.
The one they
say t;h(2y have 1.1�1�.
I-4r.
Percy: And your Staff recornrrreridation is that thoy
have 1 . 59.
Mr. Frcix.-Is: 'That,';; where I come from. So if' - ::o I will go
f' o r • 1 .1,1, .
,1r. Y._rc:': Mr'.
I'reix,-i:,,
we would reco..-I'lC:nd
t�tat, t:C,e
:3
cr)r-,put•. , i on:; he
ridopted, if'
you an�i tr�� Iio,�.
i., di: ;o:,ad
re l_of tha','
3 Sou"ht. ;
:3111-, ject to .�o:.:' 'J�
rlI'1.C:i ion or
..011. 1 ;0111.�i
n .>t, 3dvi
ko:rrd to accept,
appLi C;i'i`.,'
by our
und•..... --in,'.
y ou -o •11.1
wrorr_-
,
n. „ :: `_
to _ . i, , , and
t;h,rt
i%e
are a:.,ki n,r
'lh%,t. ti�k2 Will !IC',
:�� :ill no
Vic'-, ti;c: architect
for
the project. We „ill not. ex-
You c:-gin not
hec:iu:;e it; i._ p::rI.
of the
'1r. Fr;jixas. You trot it.
ir. Alfonso: ...So you have the burden with you.
14r. Frc,i.:.,is. You trot it.
1. ':r. Alfonso: Okay we have a motion. DO we linve a
cond.
iir. Romero: foir. Ch.r irrnan
;�1r. AIfon::u : We hive a motion and n :second . Call the
q,...,tion.
Glr. Wi:; pp l Mr. Ch:r i rr.i,rrr.
h1r Al fog,:,o: Y,,,i , Mr. Whipple','
Wn; pplo: Tho Pop,lrt.rn��nt, rE,�Iu ,;,t,:;, and al::o theL,ity
l)��part,r,��ut w<,uld ,+.l:.o I Ike cort,a in t,}i i nt,:, put. into tho record with
t'��t�,rt'd to r,Ir i :� .tnut,ion.
April 11), 1()8:'_ It,ern 1
7,oni.n ,, hoard
-30-
EJ
14
I•ir. Whipple: Firs% off, we want to mike surd there is
an unlarnnindin4 of what, plan and what numhors aren on file.
Mr. Perev-Lugonos: Mr. Whipple, as I road whn� I have
modified in this original proposal, if yo sac any missinn itcm5
just call my attention.
Mr. Freixis: No, call my attention because it's my
motion and I want over them becnuso I thouKht I goL it righL.
Mr. Alfonso: Okay, go ahead Mr. Pcrey.
Mr. Perev-Lugonos: We have a motion to grant on item
numher one. And this motion ha:: been made by Mr. Frnixas and
seconde I by Mr. Romaroti
RE20LUTION ZB 56-82
RESOLUTION TO GRANT VARIANCE I'•ROM ORDIiI:";NGE, 6871,
AR`1'I.CIE VII, SECTIONS 3(2)(a), 3(2)(d), 3(4)('a) AND
5, AND ARTICLI'; IV, br; 7101 19(7)(U)'& (c), TO PERMIT
CO'I;;7RUCT I ON OF AN A P: ' , . , NT PP' � ' r. r" (1:' i � O ` BAY
l 11 ,�.1� l'J'i 1.:J 1' Jf1 ICJ. I��l,l
CLUB) CONSISTING OF SE70 TOWER St'RUCTURE2. 3 PARKING
STRUCTURES AND AN EXISTING 4-STORY RECREATION ION BU 1 LD-
ING ON THAT PORTION OF LAND IICLUGING LAKE POTI'04
LEGALLY DE70 I BED BY METES ES AND BOUNS S, LOCATED BE-
TWEEN N.','1.7TH STREET T AN5 GLIDE ANGLE LAKE. AN
AFFRO Iri,'iTELY 11CO' WEST OF N.W. 47TH AVENUE, REPL.,T
(CCAPLE` E LEG':L DESCRIPTION AVAILABLE AT TEE PLANNING
AND 0NI„G HC..R.;,.. AD;iINTSTRA;'ION DEPAR77KNT); AS P01
PLANS ON FILE S'i'AY : D i•1AHCH 23, 1992 MR. THE TOWER
STRU:"I''. RE) AND AFRI I, 16, 1982 82 ( FOR THE PAHK I NG STRUC-
TURE) BY THE PLANNING AND ZONING BOARDS AliNI N STRA-
T ION DE ARTIENT . WITH THE E FOLLOWING VARIANCES:
SIDE; YARD: TOR 5. 36' PR�OFOSED (81.5' REQUIRE
?) .
TOWER 7 . 60' PROF0 ED (81 . 5' REQUIRED).
YARD Ari,IP'.CE:,.T TO PUBLIC OPEN SPACE:
— TOWER 5. 20' PROPOSED (425' RMULNED) .
P:lRQAG ST ?UCTURE (P`') EXTENSION INTO REQUIRED YARD:
P.S. NO. l: 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: 3: .5' PROFOSED (12' ALLOWED) .
FLOOD AREA RATIO (FAR):
F . A . R .: 1 = PROPOSED (1.1 ALLOWED) .
_ PEOP;;:, D PROSECT SUBJECT TO REELATTING PRIOR TO
ISSUANCE OF A BUILDING PERMIT. SITE ZONED R-4
(MEI)I47 DENSITY MULTIPLE PLE DWELLING).
.
"(DUE?'INq VOTING 'I'PE FOLLnWING DISCUSSIOI INSUED)
April 19, 1932 Item 1
Zoning Roard
-31 -
0 10
Mr. Alfonso That is the motion. That exactly, you
qo% it rinht. 'low ;sir. Ahihptn, what else is that. troubles you`'
Mr. Whipple:
Two thln7s, Mr. Choir - a coupl.,o of things.
Niimbc-r
on-. I beliavc, is
part of
the plans
on file which were
hickcinno
i Marcia 23rd is
the basic
structure.
Submitted to the
henrin:-
oUtco were plan:
for the
three tamers
dated April 16th -
now this
is tho heari.nn
office date:
stamp -
dated April 16th.
And then
architect's dater
is likewise
April
10h. That's the plans
for thq
sl: o Ot the throe'
p,nrkin ;
garages;
because there was a
chnn7e
in con`'i urat:ion
which might
not, - I.
just want that as part
of the
rnc.ord .
Secondly, this motion, I have one problem. i would re-
quesk the Tcord rather than per the fiqures that have been submitted,
a3 lonj as the applicant is happy with the proposed tokAl floor area
ratio of 1,189, 15 square feet, which is in Ueir figures...
Mr. Frei.xns: 1 million 8? and 80.
Mr. Whipple: As lone- as there in no problem with the
lot, area, as Mr. Perez sited earlier beinn 747,751 square feet.
Mr. Vier: That's corroct,. The floor area ratio i•:ill be
rof lecnad to 1,180,04n square Foot, , the way every s 1 nclo member
his it on your racor.l; it's on record on Mr. Whipple's offico...
Mr. Wh prl _ . But LLA� is not a 1.44 floor arc . rn: iv.
I17.. yc .. h%ve to do one, of two th hn You ci. h hn ; e to ad, u:. ,
till 4 f_.._ e for Lho ULU floor area...
Yr. F. Mr. Wh ppl: _ thal' _, why I nnke,. „hoc:.
f i n�rq in yni =v mQ to use. if they, I mean ...
Mr. ppl _ . WQ' 11 use the 1.h4 based on the Lot arc,-,,
of 70 7 . 7= i sw. : feet. 1. hh .
Mr. F. r x iv: Oh yQa' 11 usQ the 1, 180,090?
Mr. Whipple: Ids;, Sir. No, Sir. We'll use the
flcor ar n rntlo as hosod upon the lc% area, and we accept that..
Mr. Frei oA: I'm look.
Mr. Perr I,uq%ne s: For Lho lot, area we have to use }rat
we hava in the survey. And the survey depicts 17.026 acres, which
is thy toLAI of the nubm"rgrd and upload areas. That is the land
-= area, i nclud KC nubmergerd land, . of this project.
Mr. Alfonso: Llet; ma hoar from the applicant.
Mrs. Weiss:
The surveyor reflects, 1.7.166
acres. And
what, we
are requentinn
hore is 1,189,985
square filet.
We are
allo'rnd
undar the code
02, which
1.1. And we are
going far
1 ,10,9"
, . And thi.s is
a copy of
UP plans thNL is
filed wi..h
thy Zoni
nn ;and Bli ld i 4
Dupnrr_;rr-ML,
For the parking
strucuture to-
gonher•
with Lho bui .ld i non,
which
I would like to leave
with Lhe
Clark on
File.
Mr. l -ran-1, ipoi ni: Wait a minute. I,ot me clarify some-
th44. We will go by Lh� survey on file. And the survey on file
ha:, a tnbal rrcrnmn of 17.QPb and that is the total Wronged of
this p1gQt,CL; not, OHQ nut loss Lhgn that.
Mf; - Okny, here wo go in ennrucL again.
Mr. Vick: Excunp ma, I h!vQ to di:•nareo with Mr. Perez.
Mr. 1'-!-(-: ; : Mr. Cage i rc;•rm Mr. Chii r;rrin?
April 1.1, 1982 Item 1
l.onin; I3oard
-32-
Ms. Raro: Noa w,., have a cOnf Iic', ak-.rain.
Mr. Alfonso: Ju:;t, n rnnrnorlt,. Y Mr. P-rcy.
rA 110 y: I re�Or��i�l��Iid t,}i'It the m'3t1,er be dCierred
unt.i.l the di:;crepnncic:; i.n thdl rnt.ho-r• than hive thi_:;
hoarr:i appr•ov(, somethintr tti:at.' ;; factually, nurn(,ric,-illy i ncorr•-!ct ;
th::lt; you def'er the mntter until t,here,'s accord on the n)imhers.
1' I. -at, I s my recommcndat,ion.
Mr. l�reixa ;: Well I. tliink that it' unfair to bri.nv,,
200 people in here and let it, come back attain. 'I'}Ii:; item ha:; bean ti
postponed twice. I think they }inve pl ent,y of tirnc to work the fii;urc.
So I. nr3 'e;t th:It, we sot; aside, Mr. C}.-3i_rman, t}iis for ten minute,,
and let them get, Lo -ether in thr, corner rand work out some kind} of
a fi_„lire that I can make my motion on. -
Mr. Porc7 the survey we, have has
been providod by the applicant; and it is cer•Li_fi.ed by reF-i,tered
surveyor.
Mr. F1ci:f:, Okay, _o I'm t;oin;r to ...
Mr. 11 re--LuF;ones: And t;h,.t i 1 the fikTurec; that we are
t;oi nt; to tale .
1.11•. FOkr3y, So yoi
rl.'iI':: � t,,.:it, tti'=•'r'e rd'.(I'1�;.'Li.rll' 1.� 1.���. I., t,}:'i'. co rrec'. ,
�] _" Floor io.
yd_.,
I.1r. Fi I x T:. I' ' . my -iot, i can. or, it... , nu::h r - cn t}re =
tlli.'t. ? fr0:7nIlr. i":r. Frei};;i� �'.hor 7r1._ rL'' I'e
to 1)"-. on t}:" Lo 1.
r12'. Fr�l:..:;. All. I'm 7._ L}laL }le':; S,--Y F th:_t,
h -, tia) wi -h
O:: }��_' �;.� n:" r?Ii �'] i _ HI1li }1'"' ;ty ?,}l�, � @ : I hJ
hi.� nu:nt�c:r.,. That, they don't, h.ive .. .
Mr. Alfon:;o: Plait, before you c}iant,e thnt, Mr. Alvaro
- you have to wi t,hdratir your• :second. P1itlidrew second. Nov", make
the mot, Ion.
[4r. Frei_xi,3: No, I'm Flolnt* to make a new motion then.
We're trointr t;o :;tart; all over main.
s
Mr. Alfon:;o: Okay, let': tro•
Of
Mr. Fr•cixa:;: You're :;rlyintr t,11,3t, you have t;o go by w}iat,
You havo! on file, i., that,
s•
Mr. a,I co►'rect,.
Mr. Froix;i:;: And what, you h:ivc,, - I'm :sorry Mr. Whipple,
I.1r. PJhipple: Coll }ci 1 y(::, plans on file
i nd:l ud� t,hrr cal cuI at. i on :;hc'o't, rat,t:Ic!wd to th`e plank, ile caloulaLion
wh,31, wo arc concer'riod about,, Sir.
Mr.. me clarify :;c)mct,hinth rer:irdlnw�
thr, c:31r:u1:3t,ion:, on I'i1c. pher c..lcul,3t.ion:; ()II f ilt, ,arc no certified
hotyo)nd any ro',3:;d)II:IhI Er (Iout)t, or• by a r,idj prc-)fc:,:;ion,iI a:;
i:, III,.! :,ur•v("y, I vw:-,n - I'm riot, .;:Iyim-, tt1;It. }ir)hcr't.o i:, not repj!-Aered,
I 'in :,,iy i nt; t,hr :;urv�!yor• h:1:; a d i connot,)Lion i W o Lhi:; sit-
11:11,ion. '}'h(r :;ur•vc-y ()n fi le i:; wh:It. I rir) roi'crrin r t.o when I am talking
April 17, 1982 Item 1
Toni ntr f3�a rd
-33-
0
the not, area .. .
4P
Mr. Fre i_xar, : So if' you' l L follow mr_ For a rn i nw,e ,
Mr. Perez. Sce if l'm ri�,h',.
Mr. E'r.rr.z-E,ll}rorli'.:;: Okay.
Mr. Freixn:;: Maybe I'm totally wrom-. !tlhat you're
nnyim, to me is that,, according to the surv('y that, they fi1alwi_t;h
the Department, you have 1.7.0 .;ornnth i nJr act n;;. And according t,o
that comput,at,iort, the vrrr•iince they a;;kin;-. t;oni'v-101 IS, not,
hut, it,';, 1.5`1). Am I right. in ri:;rurni_nt*, t,ltrrt,"
Mr. Percy-E,uJ;on(.;a: That, i;; what; Planni.nf" cont,encls.
Mr. I'rcixas: Okay. `I'e.l_1 me what, i, the will of t;he
Board. I'll JTo either way. I'll go for that.,or 1 ju:;t, defer the
it,crn and Let him conic on back two weekn from now.
Ms. Baro: But, Mr. Frcixa:;, rnny I a:,k the archi t,cct if
he ,;ny:; he will conform t,o thn 1 .lrlr.
Mr. A1fon:;o: Yea, but, the qu( :;t, ion Alicia i:, that; thev
y that, he only survey they can take i;; the ono t,h:i', al_rcady
been f'i1(,d. tIhet,her it is wr•on;r or riE*jo. they c:3nnot, ref"i1e a new
his. Baro: WceII, T i:;:;ume that, t;hc one that, war fil_cd
mu,t hive been f' i.l cad by the appl .1 (,ant .
Mr'. I' ve i x,—i : Yea, tillt, it;' not tliC
,ju;;t, trot, not•r.
M--, - Biro: Then c:in they explain hoar they they can con-
1 .114 if Whipple ,ay-,, they cannot —
Mr. Wh 1 ppl e : l didn't, .;ay tliey cannot, . They can brised
uport the 1.W, are,:1 s ubrni t,tcd . If' they wnw, n floor area ratio of
1.41, t,ime;, the Lot area, find. That, can be the motion of the
Board, and :,o be it. No problem.
Mr Perez-1,ugone:,: That, is the wny to calculnt the FAR.
You t,akc the area a, presented by the :-survey that the appl_i.crint
present,;; t,o the Board. You mill t,i pl y that time, tho 1 .41s , you
cored lap with a number; and you are hound t,o that.. And that, is it.
Mr. Frei_x, I atrrc e. We all jgjr (ne with you. But do
you undor:,*,and that; the di.;crep:incy here i:; the ,urvcy th:it you
frot on file and the :purvey that, you just, p:is:;ed by me now.
Mr. Percy: Mr. Frei.xa.-, the offical :,ur-vny i., the one
tbenn filed, t,hnt's bt?en re,rl;,tcrcd an(l attc;,t_ed to and ha:;
tin nf'f'idavit accornpnnyinjT it,. Anything thnt,'s ,ul),cqucntly ghat',;
in coni'l ict,, we refer hack to the official document that the Planning
Dep:irt.ment reviewed and the recornrnendnt, ions are ha;;cd upon. The
sub:;e(luent, conflict in docurnerit;, are ,ju;;t, that,.
Mr. Frcix.a; : Okay. So that,':, my motion. That,', i.t.
I' 11 tro wi th the Deprrr•tment.
M:;. Basila: What, 1,; the mot,Eon"
Mr. Alforir,o: Wh:11, i:; t,lre motion" Co at=,ain. What, is
the mot, i can`:' Repo:lt your root, i on, Mr.
M:,. Bar•o: Why don't, you let, the - could I ask Mr. vich
a sc.r.t�nd quc.:,r,ion''
Mr. AI f ori:;o. Y(r: .
April 19, 1982 Itern 1
-34- 7on i nrr Board
0
M5. Baro: Robert,), may I .j:;k you ri
Mr. Vich: I've hern r,rying t,o make, Ju:;t one it,cm clear.
The -urvey t,hnt, ha:; been on Vile, which i : Uio .,ur•vov that,
Mr. f erez ha;,; which i:; n copy of t,tie_ :;uvvey t,hnt, I have right-, now.
I t sny;;, "u.;,ahle rzp] rirvi a rnrt tot„al of 1_?_ .05 ncrn:, u. ab1 o upland
ar cn . " Doe:; it, or doent, i t, r;ay i t?
Mr. Perez-T,urrone:,: It, nay:, thnt,, but, that i:; not whnt.
I'm rnferrinEr to.
Mr. Vich: Okay. Plu:; cove number t.wo :,ul rented land �
area equal :; to 5.116. If you acid 5.116 acre- pl a 12.05 acre:;
of upland area, ac; pet the ,survey, that, come;, out to he 7.166;
which i:, the f i.gure that have been urnd from the very rir5t, day
that ha:; been accepted by the Zoning aria Planninrr finally .wrned on.
I mean '-hat clarif'i c:,, I think 74r•. one. of your i;'_.065 that you are
ayintr.
Mr. Freixa:,: Okay. So they're comfortable with my
motion, Mr. Chairman. So.
Mr. Vich: Doe:, it comply wit,h what, we filed origjnal.ly?
Mr. Perez-Lugone:, : Ye:; .
Mr. Vich: okay. Let, me point, out one, more th riff. The
t,h:rt, we were sayinlr in t.;;_ ed ;.;, , h,;', }t,' c,il led on the Code
I he 1 . W, come:; out, f'rorn thy, 1 , 1 : ( . �� . `; :,�}�tnre Pent, th;i t,
we ar-c ,i,,>;ink bn:-nd on the allowed of 821,000. Okay, that,' the
a.; per Cod(: that you rind out, in the d(,f'i ni ti on of
floor area ratio. Floor urea rat,}o i:, tAw propr):•nd enclo: ed
:; area
d r'JI'I d } '�h, ad iil:,Led i'.c ar'-:I. Ij(;',•1 Ull:; i:; the %,'ay we int,er-
prc:,e t,lle Cody-,, and t}rl:. 1:> 1,hC, wny we corripli'Le...
Mr. Al foe: o: `I'hnt,':; not, the way that the De-,irtment,
interprnte
(1r. Vich: TII(c 1 , 1414 . Okay, then let,' - I went. to
rn:iko a rnoti_on rind drop Lhr. 1.141, and sro with the hn:;
b(,en on record; that, you hnvo -arid hn:; boon on record, and drop the
Mr. Pare:.-Lu,ronc:;: Give me. an FAR number. Dori't give
me a LoLnl.
Mr. Vich: 1.59 FAR.
Mr. Frei a.,-,: Mr. Chn i rman, Mr. Percy.. .
Mr. Percy: Mr. Cha } rrnan , I would think th,it, the I3orlyd
:;houl d decide what, - they recotrni :,c whnt,' been requc:'.t,ed and if
n d1,ion on t,hi:, Isoard to k,rnnt, .,omit- rol icf, to Errant
arA 1, t ' :; rnovk, t,hcr i t,om.
Mr. Freixn:;: Okay, 1 1Toinir to - Mt'. Pe�re�, plra:,ee - I
1Toirnrr t,o rrl,lkr, t}ri:; very :;irnplo.. You :,:lid that, it, Ita:; to go with
t,ha :;urvey th,lt, you got, one hand, eight,',
Mr. Pere:;-Lugonc:;: I want, to rn:lkn a corvect in regard
to t,h:tt, . I ;r2t, where ROhOVt,0 i:; cal cu:r 1 t, i ng the 17.1(")6. Th0r'e is
an ,Ir,a bet.w��n the :;nawa 1 I and tho upkind and hounds ry , which i t,' s
in her<,. Okay. And t,hat,':; how ho' :; obt,a i n i rlli t w 17.106. 1 ' 1.1
Mr. Alton:;o: Let,':, f'ini:;h Lhi:;.
M!,. 13aro: okay.
-35-
Apr•i1 19, 1()0? Item I
Zoriinlr 130:ir•cj
0 0
Mr. Alfonso, Let's finish this. He ray 1 59...
Mr.
Frei.xas: No I ray 1.44. That., was my motion.
Mr.
Vich: I said 1.59 or 1,189,000.
Mr.
Perez-Lugones: Okay, 1 - let's go hack to the not -
to the land area.
Ms.
Bnro: Mr. Whipple want„r to say something.
Mr.
Alfonso: Mr. Whipple.
Mr.
Percy: Mr. Chairman'?
Mr.
Alfonso: Mr. Percy.
Mr.
Percy: The suggestion is that, the FAR that':,
requested, the
K44, based capon the total. .square footage per the
survey on file.
Mr.
Freixas: Thrrt's it. That's it.
Ms.
BaKla: Whatever it might, be.
Mr.
Froixas: Fino, whatever it, might be. Yes.
Ms.
Rasila: You're going to work thou out, before every-
thinn is put
down A, 8 C, righn?
Ms.
Baro: I'll buy that.
Mr.
Free xns: That's it, - 1.44 with the survey that,
you go on file,
which should he 17.166 or whatevar you said with
that area - that
Mr. Perez ,junn accepted now. But you know we're
not mrathemat,i.cians
here. You know, you got to get; this. We've
already bean
two and a half hours on this and we just can't, get, it.
So that's my
motion, Mr. Chairman.
Ms .
Ba ro : Two hour.,-,. Two hour.,;.
Mr.
Alfonso: Okay, second.
Mr.
Pere:.-Lugones: Let me make a ...
(voice:,
from audience; away from mike and inaudible).
Mr.
Vich: well it's a matter of .interpretation in wny
of FAR ...
Mr.
Froixns: ` han's for you to decide later on.
P•9r. has
•
accepted your figure of 17,166.
Mr.
Perez -Logone;,: I mean 17- 166.
Mr.
Fre.ixas: Wjlatave.r. Ho raccr•pt,od that.. Now you have
to go and ;show
him that, that, is there.. `I'hat''s all.
Ms.
Biro: Mr. i:, not, in a�rr<�ernent now.
Mr.
Freix,is: 11h,rt's that,,.,
h!r.
Ili 1-0 : Mr. Camlrhe l l i :, not in agreement now.
Mf--
F re i xas: W,?] l my mnt, i on h:::, nothing t,o do whatever
th(c y at,roo or,
not.
Mr.
Al Voriso: Mr. We have a motion and a second
April 19, 1982 Item 1
Zoning Board
-36-
0
0
Mr.
Perez-Lugones:
Very
well, Sir.
The motion in to
grant as per
plans on file stamped
March 23,
198? for the `Power
Structure and
April .16, 1982
for the
Parkinq
Structures. The rem —
of the numbers
remain as they
were
discussed
before as per the
land area represented
in the
:purvey, includinr thn submerged areas. �
Mr. Freixas: In the :survey that is on File?
Mr. Perez-Lugone5 : Richt; .
Ms. Baro: Alright, let'.a go.
Mr. Alfonso: Call the question.
The motion was Tas3ed and adopted by the following vote:
AYES: Msess . Baro and Basila
Messrs. Alfonso; Freixar, and Romero
NAYES: Messrs. Gortxand Perry.
Mr. Perez-Lugones: Tho motion to grin% as stated on the
record carr.in5 5-2. -
x(DISCUSSION DURING VOTING)
Mr. Gort: No I don't think - the plans are very `;ood
and we do need for mlidle income in here, but at the some time I
think that, this, is too mutt, 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
loin:- to vote yes.
Mr. Perez-Lugnnos: For those who are: interested, there
in a f if ' eon day ,appeal par iad . Thorn is a procedure to follow in
order to file that appeal. Plesso gnu in touch with my office in
order to recr;ive informiti.on, if there is anybody who wants to
continue on an appealed route.
April 19, 1922 Item 1
Zoning Board
-37-
STATE OF FLORIDA )
COUNTY OF DADE )
CITY OF 'IIAI•II )
I, RALPH G. 0NGIE, City Clerk: or the City of
I`liami, Florida, do hereb.i certifv that the attached and
foregoing pages numbered 1 throuh 3 inclusive, contain
a true and correct excerpt of the Minutes cf a Meeting
of the City Commission of ;Iiami, Florida, held on the
27th day of .Iav, 1982, in connection with an appeal by
Sunset Villas Condominium Association, Phase IIIA, Inc.,
of variances granted to permit construction of an apart-
m; 2nt project (Jacarol Ra.: Clue) at appro::i�.:tel: 4565
N. �•?. 7th Street.
JJITNESS my hand and the OfLicial Se, l of the
City of Miam , Florl_c a this 11th day o_ Ju;,c . 19S2 .
Ralph G. 011-4e
Cite CIe:-?;
Flori da
(C icial SLal)
By
Depot=y City ClZ"c
i JGE:_e_'"_ C_ the
Mlatthews wit., the i3'.o firm 02 .:'aT31 iti c;l _. 3:1 t 10:.:]Or _27 S. i1 N` Cn.it r
a:: hone on be1131_ Df the l%et2ti-jn—rs, the 91 sicna'_cr leS to the
1%e''_itisn for a_-__eal of this i 7 the 531,171 F't VillaS _Phase III .. SO"13t10:1
a:l l its FTeSi.• •• , D3r'elo Gar=1a. I a::', I:_re in the hnpe•s that I can co:', -
this to StG_ the City, from IT3r:i: a T .:e Of its on - -
l,Taln3:.:.C.s ~:r Q2':*l' e::trao .�..aT't i'rl'._l�_'"__'S tOJS01^e u.^,..^.Y','n 1,,..i
Ferscn h'_,
sre OT 1t whz; 'r:i_1 not CO::•? to the C1 , + t_eII You wh'D ]t is
bECaU1:e ghat 1I)d1•;i::uaI, w1-1 r, er It 1S, has till i',,t'I._ here with `ti:. 7i1` l a l
t0 at_: _n the w'orC:i "-1a�le income housincl:' t0 the _:rCje'C_ till:: fI',
throuc: , the t O:il::^y Board on ti:e basis of that alol)C
. Car011c: ExC'.'Se me, sir, you're Saying:' thatiIl tCI1.S F, r` .111..F j•__
t C owners are nct kncw-n at _•'ill
:r. �iattllGwS. Thc3trS CO'TF'C S1'_. T:i•' !:l+:le?", the lea: title ti)C'1 :'1" ref,'irC`
�- r
t'.- DCn_h': ;OarC, is Central Lac;.,.: and TY'aSt Ccr.,aa:;l An Gfii::er of C-. rntrti.l.
h:..:}: and Tvas`_ Cc -..-any di; _'_a__.. here an'.. indicate , that he holds, that thr'
.'a..., holds -hare le Cal title and it is not authorlz:_d t0 advi£E_' the Ccm."Iission,
e::CUSe ine, the Board at that time, I do not know whether the Sal'.t' 1S true
tO:lay, r Or the benc•_ iCial Owner. An: the Only' thin(. that I can Ye: : cs-n.t t0
the CJ 1&'$l0l 1S that in Ce r aY: OY March Of 19" an Offl�:er Of Ct2Iltr3l
Tr.:st teStif.ie-3 un-_;er G-ath in a Circuit Court Dro::eal:' `-. -11 the
he^'?fiCial owner Of that 7rC,_ertl' was a corporation Call::d JaCarol PaY Cl`:,,
which I on' _ thin.-i it tar:e'3 al', M.a:0'_" iu:"_J Of 10-:1C to S'_C• IS oa and
Carolyn i:G1SS, but that is as far as I ''know. Mir. Ca=110, dc?"S lat a',)S'.C• I
your C::'St10:.7 As fur as I •:%t.. t0:.3 ', the: e has bve:. ,,o Clic,: 1. of the
Of this i rtf I. 0U wan" '1 ll j)'"C
le'_ -`0 sue 1f i
r _ is on
Ca
s C-
fYv tl;= Ce.._:al i:... u:.. T. CO :n: l•::il ,. I wCul 11..- t0 L Yt:,-.:t to O'1
h C'__ t0 t:._ prJA(_'_ , if I
U:. as t0 the iIO C':'
U :-11 wc• to t::e 1Ss'.:e of the Cwnt.-r 1s Of this i.YGi ::Ow, does
_..__S reveal t::-- _'rcay r` l Cw:---rE.:1I
i''el 1 , it '-as"call: says that I::ttTCCI; 11:c?:]t it t r0 tic's has a
with: C'_-nt.al Ban.: an-4 T!u t CO~t. _..:; . Ce:, ral u< :1. aa:.
Tr_:st Ce^_ , !,as a lLna tr'.s_ for bent_=i-ial o,tinGrs.
!: _'Or errC. Carob., this C= fission too a position after the !ir'Z 11C ' 3
story O: a few a.'S aQ0 tl:al: '.tit woul.. not deal with allj issue wI— c tlleYG
was~,o,L full disclosure of t:._ Cw::u_s:11y) of property in the Same way that
"._�T✓: �11ti:. Dc _ County CG;'S. Now, our Or(iinaliCe w,ls 1_ ., r.t tills inor:11n
it was iia•_ SC^. as a resol',t_Cn. Unless we have full di-, _'lUSurQ, in wrl_in;:,
of w:;0 G ex_� t owners arc: o: this LrG_-CAL t_ then we Ca., lnct deal with this
i S:S Ic .
".r�. :G1 itiellr the only itr_:0:, that Can diSClose th, Own;trS woult. be
!?afG2" Felre: t0 (Iisclusc it dIc<: w'("11 do,,l with you.
cam- t- F 'r "C tl _ :•:I _.. i':t•is.L, Th15
T . Ca rU D_ IRC ask t.._ S , 1 I i^. a ` ll L ,
F,Uwi-r Of thatt you IIuVt is only 111.,.
fur th
l: Cit Z
..r5tjlt fYU::, tl::'.� t!.:� tl^lt' LUY Cl2
�.�LJ.
.f r � 1 r i 1 - f : 1 f ! n !. t 1
C_.: G ... r�._lt I n st�u l ti t 13t t l s ��c:re! o ;_,ttC . v_ t. u s in -
it C! L _.. liC! •_, :`.^. ,� stclte•S ': Yt' 1S : j' l r-r•.. r V
.,_ t,3t O'1 hilt the: t,�..cr O_ dttOZ"^.G, t0
rei)reSL'..t. t..vT: on or, this 1s th:lt COrre'Ct?
Mrs. Weiss: That's corre_t.
Mr. Carollo: Does it state anything thing else other than. that:'
Mrs. Weiss: I really don't know, I haven't seen it sin:_ I Pro. uni _ . 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 _`rcn'-
of me.
Mr. Carollo: well, the only thing that 1 can understand is that the only
thing you have hoer of attorney for is to repros nt the trustee on UP,'.
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 whit 1 reaG ..as
correct.
Mrs. Weiss: Well, the letter that they gave me basically says more cr less
the sale thing and that I have the right to be before the Commission today.
Mayor Ferre: air. City Attorney, based on the posture of the City of Miami
Co:'_..ission on this question of disclosure, would you give us your ruling _
to whether or not we can deal with this issue at this tl.^.^_.'
Yes, sir, You a. . _y. , prior to ..:e ado . inn of your rdin-..."you ._.
alopond a res_lution which formally e:. _eEse,: the •,:i_l an:. the _,li_.
of the City Commission. The a:. _ion of that renolution can operate ds a
so-called red :lac an! it cyarates in the ' manner that the re! fl
theory cleratcs for .,.__ano i.....s. do the ..n s..._: to yCor quOsticn is that y=
have a right to maho a d __..._.ration that this ...a_ rr shoutd not he cC,•:_.__-..._
until after the er_Q__i._ date of the ordinance.
_.. -..- ,'i._ Choir so .?et__mines that item, __ be
...___ it =y2__s ..__.. the intent voted '.: this C :_.,_. :i,.. c:.
Matthews: Mr. Mayor, if 1 might ask just a pr _cWural question- _;t. on- n
fOr-
t' _ 'lt clients posture o: thiz particular item is such that ny cl_eare
-
the ritivners, art tho appellants, ani as It s _finis right nc'.ti theychave
c n •� n
the authority from the....ai.:C i'Oard t0 g0 Ali` there and throw SC'. .'. .".t.c =..
story tcwers, whoever the. are. The :honing Board has already granted those
variances an! my concern is. .. .
Mr, rl:..._..__. But that is stayed on an appeal.
Mr. Matt".- s: Is it? C}:a; thank you. That's all I'm asking, that's all
I was trying to do is uonfir= that....
Mayor Ferre: Ncw wait a minute, please. Cn the record, Mr. City Attnrney,
tell us th :. this matte'_ is continued and that that stays, any... that these
people In effect, and . ejure, do not have variances grantei.
Mr. i ... That is Corr(:....
Mr. Mat_:i' s: Thank yuu, sir", nothing .^.bray.
M -r Ferro: Is there further dis2ussi.on on this item?
Mr. Jack „_piss: Mr. 'd_ ycr, I'm Jack Weiss. Are you saying that this ...._tter
• 1
is deferred at the l rosC.. _ time unli l the n,xt .i::e':....5:
M fir Ferree 'That's &Uht, the next a jonda it there is cum liars._ with t;.._,
full di., losurE r"Equir_muLt. once that is done then there is no problem,
then we'll :rear_ it.
I'.r. Weiser: I .Sou, n,w, this particular ordinance, or the rCi_olution ranher,
that was . ssed today, so ton it has been carried and we are riding u'nRer
that ordinance?
Mayor Ferro: No, unger the resolution.
V,
0
11 0
% -s , -* occurre, yesterd,--y then we -iss: -z,D in :or- if this ha-1
WG U I � -
have -,roCetl3e
Ma-
-ol: Fcrrr,: I.-I'hat br--),i-,jht this ratter up, ;-.eiss, was a stor-, t-1-.e
o�iti--,� of ,.-hi zh (I i s'- she the c7i f the T-
cit--of an,3 Vr---ropolitan Da,de T10*e.,, there was a r, - t he r a r'i
.
on a t pur n-, roce CIL;
CO .. unrclate,3 -ater deali.--.7 with ou, --h i s i
we' re ;Circ-: .:-D modi t,,-,em i;i thr? same wa% SO What this c
C
we -asSe3 both an ordinan,:e and a resolution. So in Other wor."s it caffl 1:1e
brou,:-,ht uF at the next zoning hearing -which will be in June.
Mr. ;-I*eis.s: Vnark you, Mr. :layer.
Than','. you, Mir. Y
we'll sce vou then.
flavor Ferre We'll take up Item 31.
Mx. t I 7-..C-.j/
r: 'r. M.avcr, this, as You at -.o7-;r
t`1112 .-Ies 11-1.:01%.C.". . I have worke,,�: out an 4 N.
u 3, t 7 r c Clue,', L: hi - C, CClt
e V r C, c :D n Q, r this r e s z) I t i -3.-. 1',eforc l'ate s, r .
is
fC)7 0 f C n WG
fara-ces to :-;e i:,, t�-02 Sta,---ium
S1-
no r e Z! i, I t:. C. s 7it area -,,h i c h w o u ml,; t fD:- a d an .2 c
Sit 7--, . Z. .4 c a - X a 1,01, S U1-- C". ? Y cn._, in f r C:. C, `
anr.
0
V C
I'll it. i f 1 cf ttl_C t Co;...__.}_
ex L- arca a4- t, '.:!rine to rC,1-z-z-
S ti a:-.v area hi -re,
V r- been icy
C 4 ,
4 4,4-la t 3Ua
us-�, and t-- t!,.
I - : over :Oxt pcst� CIE" thc. Use oi- or close -�C i
c. r i c, .1.1r. Mayor, also went w-1t— this the TDossihilitv of the FlcrA-`--
lnh-oard Ra::i-.:: ASS:-iatio.n sittinc- the adminis-ration to
out, if t1-.Q%, on an ann-,;,! bas-4/at.c.c1u::--ion in rc,:.-- for a
ber of events. The,. was also in:71,,Xe.i. Ar. :valor, I urc.-r-- tl'oc passo7e of
this
Mav-,r Ferrel Pass it back to J. L. xo I can see it.. All ric--,
i C 7%_ - -xier is re a se-c-onl-I
rC' I S a .7, C .4 s-i to tl,,C, MO-40.---�
C-
M r . j C, c7m -i !.r. M C,)ulc, I have a tio.,. on thi- issue
1 1 U a s e N
yes, OfIc::"urse.
the for M ;—.e jj-
1, 4 s for -M -)Ill dc!-
ny I I (D �1 I C, vou
Scril-.2 it jJ@fers to U;,C):l the b..),-It pit
arca wh,.re
in t-.'.L2,irjit art2-1,;,
M.r. 1.3, Eir. It X.r. Thum -is, very
t1wit C: C; ill o f t l., i -,; res: 1 -n. C. not
, , . ,-
9r, I :. � -, ! -I '1 1- t: L', 'r. i- .. . I , dc.)-"L� !.
tl"e size.
Mr. T`:tj -ire not. ,:fk' tLh." ore
ree
to 1,c. 2 t.
�1 1-c—MI -e:. C,
t h'--f(L-re this W,- isik, th-* those bc)--.t rac' -
to LE, t!"a'_ arca.
IV 0
Mb
REJ ,•,'� i I'D N. '.'0.
R%U7I"N TC GRA;:T VARIA::CE FRC;•l ORDI-
NAZ N0. 6371, ARTICLE VII, SE(--'CIO'iS
3(2)(a), 3(2)(d), 3(4)(s) AND 5, AND
AR';ICLE IV, SEC'iION1 19(7)(b) & (c), 110
PE:;''.IT CONST:�UCTIO;i OF AN APART;'.EN'r PRO-
JECT (JACA ^L DAY CLUB) CONSISTING OF
S�`.•.,N; TG:•;EFZ STRUCTURES, 3 PARYIN"i STRUC-
TURES AND AN: EXIS'i'rN:S 4-STOR'17 RECREATION
BUILDI::G O`i THAT PORTION OF LAND INCIX-
DI':+:� LAKE BCTTO'•l LEGALLY DES-RIBED F•Y
ME:.:S AN:D BGC::DS , LCCATED BET.IEEN' NORTtf-
WEST 7 L"i STP.EET AND GLIDE ANGLE LAKE, A?jD
APPROXIMATELY 1100' WEST OF NOP.TIi:dE:IT
4 7TH AVENUE, , REPLAT AS PER PLAITS O:v FILE
STAi ?ED MARCH 23, 1982 (FOR THE TCWER
STRUCTU:aE) AND APRIL 16, 1932) (FOR THE
PAR:CI:IG STR CTURE) BY THE PLA' NIN1G AND
ZnI;:S BOAF.::S AD;IIN:ISTRATION DE?ART':ENT,
BEI':G LOCATED ON A SITE ZO;.ED R-4 (:lEDIU;1
DE:;SITY MIULTIPLE MiELLI?iG) .
the iii '-i On Board at its mecting o`
A_ _ _1 19, 19 2, Ito-m .:o. 1 folio•,:,inrj an a v•-�rtiseci he.r_n7,,
ads Re- '- "- ic .. N'o. ?,3 5 0 - 3 2 , by a 5 to 2 vote APP":G:'1.:G
V-Ir'2 as h`r.2 na ter set icrt.h' anca
the o:-;;-ctors has ta7�en an a eal fr:;m the
of t.:_ va_-_ance to the City Cc:m-iiss,on; and
the Cit-.- Cc::ir-,,isaion not:aitast r.dir.g tine denial
of ionli'.j R:o arr , an afteL' careful cons id='r3tlOn of this
mat: :�r f in::s that due to pecaliar circumstances affecting
this arcel of land, practical difficulties and unnecessa::y
har'aai� wo,.:lr, impair the o•.vner's right to the reasonable
us'3 of t11•3 Proc:`_rty without the variance granted as hereir.-
af'3.=r set forth;
NC;;, F I IT RESOLVED BY THE COMMISSIONOF THE
CI'.. OF !•1IA"I, FLO I :
Secticn 1. The reciuest for variance as per Ordinance
No. 6871 ARTICLE' VII, Sections 3(2)(a), 3(2)(d), 3(4)(a)
an3 5, and Artic 1e, IV, Section 19( 7 ) (b) & (c) , to permit
con::�truction of a 930-1,;nit apl-irtrlent project (Jacarol Bay
Clt i�) coil c3 i-s t ing, of seV::a 140-unit typical toyer structures,
It
lo
l
3 par::ing structures and an existiri9 4-story recreation
building on above site, as per plans on file stamped
10/26/31 by the Planning and Zoning Boards administration
Department, with the following variances are hereb,i granted:
S 12 1 1 YA PO
Ta.:e r 3 : 3G' prqx)sod (31. 5' recli ir�1) .
To•:: -r 7: 60' pro;x)sed (81. 5' req-iirei) .
TO PU31.1C (PF.id SPA(-
To.��rs 3: 20' proLY--sed (42.5' reg.1ired).
PAF;CI`:G ST ,�UCTURE (PSIiNTO A RMUIRM Y<1PD:
P.S. "#0. 1: c+est and South extension: 10, proposed (20' re�li ed).
P.S. gin. 3: Wirth and South e.:t�nsions: 12.8' prcoosed (20' r—,uirol).
HF.IC I r CC STRUT; 7 U'?W (PS) :
P.S. 14D. 1: 42. 5' praposad (12' al lased) .
P.S. 'Lb. 2: 82.5' p ro-xse3 (12' allo-:rCd) .
P.S. ND. 3: 32.5' prciDosed (12' alla:.cd).
FLCCR RATIO (F,;R) : F.A.R. :
1.75 prc,-os-ad (1.1
Pr�:�cs� cro 1ct sua�`ct toreplatting prior to issuanc,a
of _141 i::_, PeL.,it. Sitc zonodl R-4 (;;�-2:ii= density �u1ti-
ple
PASS.: A"D ADOP'_'-�D this aall, of , 1982.
MAUR= A. FER "E7, i1a-or
AT'.EST:
RAIJP. G. O::(;IE
City Clerk
PREPAPED AND APPROVED BY:
•
JOEL t1ti:.;ELL
7&3 istant City attorney
APPROVED AS TO FORM AND CORRECTNESS:
C;EUi:Gi: L' . KiiUX , JET. `
City attorney
2