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Home My WebLink AboutR-80-0577RESOLUTION NO. 8 0- 5 7 7 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI, SECTIONS 3(2) (a) (c) & (5), TO PERMIT CONSTRUCTION OF A 204-UNIT HOTEL (GROVE HARBOUR HOTEL) Ott LOTS 9 THROUGH 15 AND 28 THROUGH 40, LESS DEDICATIONS, BLOCK 41, NEW BISCAYNE AMD (B-16), BEING APPROXIMATELY 3209-31 AND 3301-03 S.W. 27TH AVENUE AND APPROXIMATELY 2667-75 S. BAYSHORE DRIVE, AS PER PLANS ON FILE, 14ITH 1.79 FLOOR AREA RATIO (TAR) (1.5 FAR PER11ITTED) , 21' (75.75' REOPIRED) SOUTHEASTERLY AND 51' (75.75' REQUIRED) NORTHWESTERLY SIDE YARDS AT THE POINT OF LEAST DEPTH AND SUBJECT TO REVIEW BY THE ENVIROITIT ITAL PRESERVATION REVIEW BOARD; ZONED R-C (RESIDENTIAL OFFICE) DISTRICT. WHEREAS, Article XXXI of the Comprehensive Zoning Ordinance No. 6871, permits an extension of a variance by the City Manager, with approval of the City Commission, for a one year period, and WHEREAS, the City Manager recommends the extension of the variance granted by Zoning Board Resolution ZB 224-79; NOW, THEREFORE, BE IT RESOLVED BY THE rOHMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a one year extension of the variance granted from Ordinance No. 6871, Article xI, Sections 3(2) (a) (c) & (5), to Permit the construction of a 204-unit hotel (Grand Bay Hotel) on Lots 9 through 15 and 28 through 40, less dedications, Block 41, NEW BISCAYNE AMD (B-16), being approximately 3209-31 and 3301-03 S.W. 27th Avenue and approximately 2667-75 S. Bayshore Drive, as per plans on file, with 1.79 floor area ratio (FAR) (1.5 FAR permitted), 21' (75.75 required) southeasterly and 51' (75.75' required) northwesterly side yards at the point of least depth and subject to review by the Environmental Preservation Review Board; zoned R-C (Residential (Office) District, be and the same is hereby granted. PASSED AND ADOPTED this 24 day of July 1980. MAURICE A. FERRE ATT T- � O �JVrPO `� A 0 R //MAURICE Q Gam'" J� RAL o► pOC��, ��TS "DOCUMENT INDEX TY CLERK L ` nl �, rrt ITEMM NO. i7 PRLPA ED AND APPROVED BY: APP V D AS TO F�JRA+ "?D c�axnx—,.*IFSS 1 1 TERRY ASSZ' CITY ATTORi1EY 80-577 r CITY OF himmi. ri4q. A • INrER•OFFIC[_ MEMORANDUM 'O Joseph R. Grassie City Manager FROM io E . pe2L `L done i� Director Planning and Zoning Hoards Administration """ June 26, 1980 FILL NEW BISCAYNE AMD (B-16) Lots 9 thru 15 & Lots 28 thru 40, less dedications, Block 41; n" """"''Approx. 3209-31 & 3301-3303 S.W. 27th Ave. and Approx. ",," 2667-75 S. Bayshore Drive ARTICLE XXXI of the Comprehensive Zoning Ordinance 6871 provides that any Variance shell expire six months after the effective date of the Variance unless a Building Permit or a Certificate of Use has been issued based upon the Variance. The Ordinance further provides that the City Manager may, after review and determination that substantial progress has been achieved by the applicant in terms of project planning, extend the expiration date of the Variance for an additional period of time not to exceed one year, subject to approval of the City Commission. This Department finds no objection to the granting of the extension of time for this Variance. We are reguestin<I the City Attorney's office, by copy of this memo, to prepare the prover Resolution for this extension. APL:mo cc: Law Department Planning Department file . - Tentative City Commission date: July 24, 1980 "SUPPORTIVE DOCUMENTS FOLLOW" LAW OFFICES GREENSERG, TRAURIG, HOFFMAN LIPOFF, QUENTEL 6 WOLFF, P. A. CESAR L. ALVAREZ STEVEN J KRAVITY RUDOLPM f, ARAOON ST F.V[N R LAn10US JOHM OAa1r DEXTER W LUITINEN N7RMAN J BENrORO PAULA LF STE0 7 HOMAS P. PLANE JE rfnI:Y A LEVINE PMILIP O O000S NOPMAN N L1POrr ROPER? K BURLINGTON GAMY O LIPSON JOAN OUPTON JIIAN P LOU MIE7 BRICKELL CONCOURB ALOE RT O. CAgUANA AIAN R CHASE PEDnO A MARTIN STr PHEN MACI.FY 1401 BRICKELL AVENUE SUr M. COnn CHAPIFS B rf.ARLMAN P 0. BOX 01:790 KCNOALL IT LorrEV PYRr7N 0 Pf TErt':,EII HAND-DI�IV);RGD MAN. R I, AV' ALREn, D ') IFNTEL M1AM1. FLORIDA 3�101 AIAN T. C'1 MO ND TOLIO 5 nn'iE BNIAN TOPr MNY r,AVIO R. "071 TELEPHONES Wit I.IAM A. RTIEO1-ANDLq OAVII, nnO•, M,AM. 13051377-3501 01CHA11b C% I"Annr TT nORrnT M NUnrrJt Tf IN MARTIN ,I 0I NAIIEP rLIFFOnCl A SCHIILMAN BROWARO13051523-8111 LAWHr NCr Ci r)DOr SKY MARTIN IT SHAr,IRO AIAN 9 (i CTI D f II(:(NE ¢Hv, 1R TELEX 441272 HARVrY A 0. :)i, r) AA'1 MAnI fNC M SII. V1..AN MATTHEW R C:CIrrGr.rl LAIIRA r r.T1"n'+FN':0N MFLVIN N r:NrfNBrnl Pr7nr RT H IRArI RIG CARL W. HAr" r,- .;R, UACIO W 111FNr'H LARRY J.'1'Jrf MAN Glrf A.T-,r,r 11 SF TH P. IC74F PH N KAKSHLAr. SIA1A MAPIIN KAI R I. 1rli A AN r, WAr7NER 1IM,)1-, r KID," WILL14M A WrHEP June 19, 1980 BRFNT D .Lf ZACHARY H WOLrr ;N LINDA r..00 BRIE. Mr. Joseph R. Grassie City Manager City of Miami Post Office Box 330708 Miami, Florida 33133 Re: Ixtensi.on of expiration Date for Variance Granted by City Commission Resolution No. 80-66, January 24, 1980 Dear yr. Grassie: on January 24, 1980, the City Commission of the City of Miami adopted Resolution No. 80-66, which granted certain floor area ratio and setback variances to Posada Properties Limited for the construction of a luxury hotel between S.W. 27th Avenue and South Bayshore Drive. This law firm represented Posada Properties Limited in obtaining the above -referenced variances; and this firm presently represents W-L Grove Associates, a Florida General Partnership, which is the present owner of the property legally described in Resolu- tion No. 80-66, havinq acquired said property by Warranty Deed dated May 8, 1980,.and recorded in Official Records Book 10745, Page 30, of the Public Records of Dade County, Florida. As you may be aware, the action by the City Commission in passing Resolution No. 80-66 has been challenged in no less than two lawsuits against the City presently pending in the circuit courts. While these lawsuits are pending, it is impossible to commence development pursuant to the variances granted by Resolution No. 80-66. Accordingly, it is our position that the six (6) months expiration date for variances (See Article XXXT, Section 1, Subsection (2), Zoning Ordinance) is tolled during such time as the litigation is pending. « SU p p ORTIV E pOCUMENTS JOLL.0 71 a Mr. Joseph R. Grassie Page Two June 19, 1980 Notwithstanding our legal position that the expiration period of six months would not commence until the termination of currently pending litigation against the Resolution granting the variance, we would request on behalf of Posada Properties Limited and of W-L Groves Associates that you as City Manager formally extend the expiration date of the variance for an additional period of time of one (1) year, that is, through and including July 24, 1981. We would very much appreciate your taking action on this matter as soon as possible, and in any event no later than July 24, 1980. If you have any questions or need further information regarding this matter, please do not hesitate to contact me. Very truly yours, RliT/msm cc: Terry Percy, City Attorney "SUPPORTIVE DOCUMENTS FOLLOW" GREENk3ER(;,TRAURIG HOFFMAN, LiPOFF, QUENTEL S WOLFF, P.A. r' 8 0 - 577 Irk CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM TO Aurelio Perez -Lug ones Director DATE J 30 198 f Planning and Zoning Board Administration roomi4PRe d , Direct Planning Department une I 0 SUBJECT NEW BISC. AND - EXTENSION REFERENCLS t.NCLOSURFS The Department has no object to the extension being requested, for the subject property located at approximately 2667-75 South Bayshore Drive. JR:ROW: dr E "SUPPORTIVE DOCUMENTS FOLLOW" .r LOCATION/LEGAL OWNERS APPLICANT ZONING ZONING FACT SI1ErT Approx. 3209-31 6 3301-3303 S. W. 27th Avenue i Approx. 2G67-75 South Bayshore Lots 9 through 15 S Lots 28 through 40, less less dedications Block 41; "NEW BISCAYNE AMD." (B-16) Miami and Saul Rosenbera 2001 Tiaertail Ave. Miami, Fla. Phone: 854-7178 Joseph Rosenbera P. O. Box 775 Coconut Grove Phone: 858-3074 Naomi S. Rosenbera 3080 Kirk St. Miami, Fla. Phone: 858-6830 Est. of Joseph M. Ko,lisch 2721 Greenwood Road Miami, Fla. Bobette B. Kolisch 2721 Greenwood Rd. Miami, Fla. Phone: 858-4506 Robert H. Trauria, Esa. 1401 Brickell Ave. Phone: 377-3501 R-C (Residential -Office) REQUEST Variance application to permit construction of a 204-unit hotel (GROVE HARBOUR HOTEL) with 1.79 floor area ratio (F.A.R.) (1.5 F.A.R. permitted); 21' (75.75' required) southeasterly and 51' (75.75' required) northwesterly side yards at the point of least depth and subject to review by the Environmental Preservation Review Board. Applicant states: 'The parcel is irregularly shaped with frontages on South Bayshore Drive and S. W. 27th Avenue, inducing siting problems. "SUPPORTIVE �C U P PO PTIV E Although the property line extends an additional J 20 feet, calculations have been made from a DOC�IV T C base building line due to the need of the City 1.1 (V J for additional S. W. 27th Avenue right-of-way. FOLLOW " (continued on next page) i 7 Ilk ZONING FACT SHEr.T LOCATION/LEGAL Approx. 3209-31 & 3301-3303 S. W. 27th Avenue i Approx. 2G67-75 South Bayshore Lots 9 throuch 15 i Lots 28 through 40, less less dedications Block 41; "NEW BISCAYNE AMD." (B-16) OWNERS tfiami and Saul Rosenberc 2001 Ticertail Ave. Miami, Fla. Phone: 854-7178 Joseph Rosenberc P. O. Box 775 Coconut Grove Phone: 858-3074 Naomi S. Rosenberc_ 3080 Kirk St. Miami, Fla. Phone: 858-6830 Est. of Joseph M. Ko,lisch 2721 Greenwood Road Miami, Fla. Bobette B. Kolisch 2721 Greenwood Rd. Miami, Fla. Phone: 858-4506 APPLICANT Robert H. Trauria, Esc. 1401 Brickell Ave. Phone: 377-3501 ZONING R-C (Residential -Office) REQUEST Variance application to permit construction of a 204-unit hotel (GROVE HARBOUR HOTEL) with 1.79 floor area ratio (F.A.R.) (1.5 F.A.R. permitted); 21' (75.75' required) southeasterly and 51' (75.75' required) northwesterly side yards at the point of least depth and subject to review by the Environmental Preservation Review Board. Applicant states; 'The parcel is irregularly shaped with frontages on South Bayshore Drive and S. W. 27th Avenue, inducing siting problems. "SUPPORTIVE �C U P P PTIV E Although the property line extends an additional J 20 feet, calculations have been made from a DO q N T C base building line due to the need of the City I.I IV S for additional S. W. 27th Avenue right-of-way. poll Ink „ (continued on next page) , -" 1P The p rope rty is larger than the credit is given. actually 6500 square feet square footage for which The existing heavy vegetation dictates that the best interest of the community will be served by a building location which imposes setback problems on the building. Existinq vegetation is being retained where possible. The setback, variance is more technical than real and results from an effort to plan a building which is architecturally better for the community. The bulk of the building is a function of the applicant's effort to provide larger units and a full range of facilities. F.A.R. bonuses and side yard setbacks have been granted on other parcels similarly situated. Recognition should be given to covered parking and overall ambiance.. RFCOMMF.NDATION DENIAL. Although the proposed hotel offers a very appealing design, the design in itself PLA-14NING does not justify granting the requested variances. DEPARTMPNT The site has more than adequate dimensions and area to allow for reasonable use of the land while meeting the zoning regulations. There is no hardship which justifies grantinq the variances. If the floor area ratio is reduced to the 1.5 permitted (a 29,044 sq.ft. reduction) the setback variances would also be reduced as the building height would be lowered. ZONING BOARD Deferred by the Board on September 17, 1979 to have the Environmental Preservation Review Board review this project first. Deferred on October 22, 1979 to November 19, 1979, at the applicant's request duce to a short Board. Denied on November 19, 1979. CITY COMMISSION On appeal, APPROVED January 24, 1980, Resolution No. 80-66 . "SUPPORTIVE DOCUN,,ENTS FOLLOW" .ir .�� 2� o�� fie• h11 Islip US n TS FOLLOW �-. 1i %A( Joseph R. Grassie Citv Manager teu.�'PhQ-c."'d Kenneth I. Harms Chief of Police July 22, 1980 HZD 22 Agenda Item Commissioner LaCasa's Memorandum Civil Disturbances One On Tuesday, July 15, 1980, a special task ford of Public Safety Officers was assigned to address the Robbery problem in the area of Northwest 22 Avenue and 71 Street. While apprehending several suspects on a Robbery committed in their presence, a crowd of approximately 150 people approached these officers. From within this crowd, shots were fired wounding a Metro Police Sergeant. Subsequently to this incident, some people in that general area began to fire indiscriminately at police officers and motorists and to throw rocks and bottles at passing vehicles. When the Public Safety Department responded to this situation on Tuesday evening, several other officers were wounded by snipers. The Miami Police Department anticipating a prob- able spill -over of this behavior within the City of Miami partially mobilized and cordoned off the Liberty City area thus not permitting unsuspecting citizens from wondering in and being attacked. The position of the Miami Police Department in all situations but especially in civil disturbance occurrences is to first, protect life; second, protect property; and third, to maintain order within the community. During the curfew placed on the Scott Project area, the City of Miami Police Department was partially mobilized in order to adequately respond to any problems that could occur. Fortunately, except for some isolated incidents on Tuesday, there were no major occurrences. "SUPPORTIVE KIII:vs DOCUMENTS cc: Mayor Ferre Vice Mayor Armando LaCasa Commissioner Joseph Carollo Rev. Theodore Gibson, Commissioner Commissioner J. L. Plummer NOES: ABSENT: rove COST ESTIMATE Tuesday, 15 July 1980 82 officers worked "E" day 410.5 man hours at 1 1/2 hourly rate Total cost $6,157.50 Thursday, 17 July 1980 88 officers worked "E" day 44 officers worked 2 hour extended tour of duty 645 man hours at 1 1/2 hourly rate Total cost $9,675.00 Friday. 18 July 1980 71 officers worked "E" day 47 officers worked 2 hours extended tour of duty 531.5 man hours at 1 1/2 hourly rate Total cost $7,972.50 Saturday, 19 July 1980 92 officers worked "E" day 605.5 man hours at 1 1/2 hourly rate 56 officers worked 2 hour extended tour of duty Total cost $9,082.50 Sunday, 20 July 1980 19 officers worked 118 man hours at 1 1/2 hourly rate Combined approximate cost $34,657.50 Total cost $1,770.00 "SUPPORTIVE DOCUMENTS FOLLOW" 0 j mo 70: JoseRh R. Grassie July 16, 1980 ic City Manager Agenda Item Armando E. Lacasa Vice -Mayor I hereby request that the following item be placed on the Agenda of July 24, 1980 as an item for discussion. This item will deal with the recent civil disturbances. I will specifically like to address the position the City of Miami is takinq in reference to the above mentioned matter. Please inform Chief Harms.to be present and to send a report on the most recent circumstances prior to the meeting. cc: Mayor Maurice A. Ferre Commissioner Joe Carrollo Commissioner Rev. Fr. Theodore Gibson Commissioner J.L. Plummer, Jr. Ms. Anqela Bellamy, Assistant to the City Manager