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Home My WebLink AboutR-82-0461i ti RESOLUTION NO. 82--461 A RESOLUTION GRANTING MODIFICATION OF REQUIREMENTS OF MIAMI CITY CHARTER CHAP- TER 10847, SECTION 3(4)(b)-1 HERALD PLAZA AS PER PLANS ON FILE TO PERMIT CONSTRUC- TION OF AN ADDITION TO AN EXISTING BUILD- ING AT 1 HERALD PLAZA WITH A PROPOSED 25' SETBACK FROM THE SEAWALL AT THE POINT OF MINIMUM DISTANCE (50' REQUIRED), AND 10.32' (5.19%) AGGREGATE SIDE YARD BASED ON AVERAGE LOT WIDTH (198.8' [25%] RE- QUIRED); SUBJECT TO THE MIAMI HERALD PROVIDING: THE CONTINUED EXISTENCE OF A MINIMUM OF 917 PARKING SPACES; PAYING 50% OF COSTS FOR CONSTRUCTING A PUBLIC CONNECTING WALKWAY BETWEEN THE HERALD BUILDING BAYWALK AND BICENTENNIAL PARK, SAID CONNECTOR TO BE DESIGNED WITHIN SIX (6) MONTHS OF MAY 27, 1982, AND CON- STRUCTED WITHIN ONE (1) YEAR OF MAY 27, 1982; LIGHTING, MAINTENANCE AND SECURITY, INCLUDING TELEVISION MONITORS FOR THE PUBLIC CONNECTOR (SHOULD T. V. BE UTIL- IZED ON THE HERALD BUILDING'S BAYWALK SECTION); PROVIDING FOR SEVENTY-FIVE (75) FEET OF GRADUATED FRONTAGE FOR THE EN- TRANCE FEATURE LEADING TO THE BAYWALK ON THE NORTHSIDE OF PROPERTY AND AN ENTRANCE FEATURE ON THE SOUTHEAST CORNER OF PROP- ERTY; REQUIREMENT FOR MINIMUM EXPENDI- TURE OF $300,000 FOR LANDSCAPING AND BEAUTIFICATION; A PUBLIC EASEMENT AVER- AGING AT LEAST 20 FEET IN WIDTH ALONG AND ABUTTING THE BAYFRONT FOR THE ENTIRE LENGTH OF THE PROPERTY WITH PUBLIC ACCESS AND SIDEWALK LEADING TO THE BAYFRONT EASEMENT; FURTHER PROVIDING FOR MAINTEN- ANCE OF EASEMENTS COVENANT AND AN INDEM- NIFICATION CLAUSE; REVIEW BY THE CITY COMMISSION IN ONE YEAR; ZONED C-1 (LOCAL COMMERCIAL) AND C-4 (GENERAL COMMERCIAL). WHEREAS, the Miami Zoning Board at its meeting of March 8, 1982, Item No. 10, following an advertised hearing, failed to adopt Resolution No. ZB 31-82 by a 3 to 3 tie vote DENYING MODIFICATION OF MIAMI CITY CHARTER, as hereinafter set forth; and WHEREAS, the applicant has taken an appeal from the denial of the modification to the City Commission; and WHEREAS, the City Commission, notwithstanding the denial of the Zoning Board, and after careful consideration of this matter, finds that due to peculiar circumstances affecting CRY COMMISSION MEETING OF MAY2 7 1982 RE30 MON NO.. 99774fil AEI1ARIfA; ...,...........»...,.,..... this parcel of land, practical difficulties and unnecessary hardships would impair the owner's right to the reasonable use of the property without the modification granted as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for modification of require- ments of Miami City Charter, Section 3(4)(b) - 1 HERALD PLAZA, to permit construction of an addition to an existing building at 1 Herald Plaza with a proposed 25' setback from the seawall at the point of minimum distance (50' required), and 10.32' (5.19%) aggregate side yard based on average lot width (198.8' (25%] required); Subject to the Miami Herald providing: the continued existence of a minimum of 917 parking spaces; paying 50% of costs for constructing a public connecting walkway between the Herald Building bay - walk and Bicentennial Park, said connector to be designed within six (6) months of May 27, 1982, and constructed within one (1) year of May 27, 1982; lighting, maintenance and security, including television monitors for the public connector (should T. V. be utilized on the Herald Build- ing's Baywalk Section) for the public connector; providing for seventy-five (75) feet of graduated frontage for the en- trance feature leading to the baywalk on the northest corner of property as well as an entrance on the southeast corner of the property as proffered by the applicant; a minimum ex- penditure of $300,000 for landscaping and beautification; a public easement averaging at least 20 feet in width along and abutting the bayfront for the entire length of the prop- erty; a second public access easement and sidewalk leading to the bayfront easement, with an average width of 10' (minimum 51) along the southerly property line, or a pedes- trian opening in the existing fence for public access to the 2 82-461 bayfront walkway; upgrading of the setback area with land- scaping and walls along the north property line as proffered by the applicant; all public easements to be perpetually maintained by the applicant; the City shall be held harmless for any liability; the public access may be restricted dur- ing the time the barge is docked for unloading operations; all development plans for the aforementioned activity be re- viewed and approved by the Planning Department prior to com- mencement of any construction; review by the City Commission in one year; zoned C-1 (Local Commercial) and C-4 (General Commercial), be and the same is hereby granted. PASSED AND ADOPTED this 27 day of May ATTEST: RALPR G. ONGIE ity Clerk PREPARED AND APPROVED BY: lsftv Si TERRY V. IPERCY Deputy City Attorney 1982. MAURICE A. FERRE MAURICE A. FERRE, Mayor APPROVED AS TO FORM AND CORRECTNESS: GEOFfW F. KNOX, JR. Cit Attorney 3 82 461 APPLICATION FOR VARIANCES The Miami Herald Publishing Company The Miami Herald Publishing Company ("Miami Herald") requests (1) a variance from the street ("Herald Plaza") setback requirements, and (2) a variance from the floor area ratio requirements, to permit the construction of a sixth floor addition to the existing five -story press building located at One Herald Plaza, Miami, Florida, in accordance with the plans submitted as part of this application. The legal description and survey of the property, and photographs of the existing improvements, accompany this application. The existing five -story building is set back 35 feet from the center line of the abutting street ("Herald Plaza"). A setback of 48.75 feet is prescribed for the proposed sixth floor addition. Applicant requests a variance to permit the setback to remain at 35 feet for the proposed sixth floor addition, since no useful purpose will be accomplished by requiring the additional floor to be set back beyond the base line setback of the existing five -story building. The proposed sixth floor addition of 44,000 square feet will be identical in size and area to each of the existing five stories of the subject building. The property is subject to 2.0 floor area ratio requirement. The floor area ratio of the existing five -story building is 2.33. Applicant requests a variance to permit a floor area ratio of 2.52 in order to accommodate the proposed sixth floor addition. Applicant submits in support of the requested variances the following existing conditions and circumstances which are peculiar to the subject property and improvements in respect to the size, shape, natural features and location. 82-*46 1 C r The subject property is bounded on the south by I-95 Expressway right of way and MacArthur Causeway, on the west by Herald Plaza, on the north by N.E. 15th Street and the Venetian Causeway, and on the east by a seawall in Biscayne Bay, as shown by the attachments hereto. Pursuant to approval by the City building and zoning authorities, the Miami Herald constructed on the subject property the existing newspaper publishing plant, appurtenant dock and parking facilities. The property and improvements have been utilized for such purpose continuously for more than eighteen years. The existing structures include two connected buildings. The south building is a six -story office type structure with parking underneath. To the north of this six -story building, and joined to it, is the subject five -story press building. In accordance with the approved site plan, the ground level of the subject property is fully utilized for the existing newspaper plant, docking and parking facilities. For the proper operation of the newspaper plant, it has become essential for the Miami Herald to increase the capacity of the existing five -story building by the addition of a sixth floor. Since the interconnected south building is now six stories, the addition of a sixth floor to the existing north five -story building will constitute a natural structural continuation of the existing south building. This will result in a uniform height of six stories for the two buildings which achieves architectural harmony without affecting the existing ground level impact of the present structures. These special conditions and circumstances peculiar to the subject land and structures, which were constructed more' than eighteen years ago to meet the needs at that time, are CPM 8Z461 i not applicable to other lands, structures or buildings in the same zoning district, and such special conditions and circumstances did not result from any imprudent actions of the applicant, as shown by the factual matters herein set out. The existing eighteen year old structures do not conform to the current setback requirements or the current floor area ratio requirements. Accordingly, the literal interpretation of the provisions of the current zoning regulations would deprive the Miami Herald of rights now commonly enjoyed by other properties in the same zoning district, and would work unnecessary and undue hardship on the Miami Herald. The requested variances, if granted, are the minimum variances that will make possible the reasonable use of the subject land and existing structures. The grant of the requested variances will be in harmony with the general intent and purpose of the applicable zoning regulations, and -will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. It is essential to the Miami Herald that additional space be provided for the efficient operation of its newspaper publishing operations forthwith and immediately. The proposed sixth floor addition to the existing five -story building provides a solution to this problem, which is commensurate with the public interest. To disapprove this application, and require the necessary additional space to be provided in a new building at a separate site would impose a great hardship, and would not be economically feasible. For the reasons and upon the grounds stated, it is respect- fully requested that the requested variances be granted to permit -3- c32-4C:r construction of the proposed sixth floor addition. Respectfully submitted, THE MIAMI HERALD PUBLISHING COMPANY By: IN • LS7.v� DARREY A. DAVIS Attorney for Applicant 1400 Southeast Bank Building Miami, Florida 33131 - 4 - 192--461,