HomeMy WebLinkAboutM-80-04245
ZONING FACT SHEET
LOCATION/LEGAL S.W.corner of the intersection of
S.W. 27th Ave. and West Trade Avenue
N85' of Lots 37 & 38
CHARLES M. MUNDY'S SUB (3-15)
OWNER/APPLICANT Louis A. Martone, President
Cocogrove Assoc., Inc. A Fla. Corp.
4115 Poinciana Avenue
Miami, Fla. 33133 Phone: 665-3306
ZONING R-CC (Residential Office)
SPD-2 (Coconut Grove Special Overplay
District).
REQUEST (a) Conditional use to permit a covenience
grocery store (Farm Store) on above site,
as per site plan on file. This petition
in conjunction with a variance application
for yards and lot area.
and
(b) Variance to permit a convenience grocery
store (Farm Store) on above site, as per
site plan on file, with 5' rear yard
(20' required), a lot area of 5,250 sq.ft.
(6,000 sq.ft. required) and with the
driveway occupying more than one-half (1/2)
of the width of the area of the required
frontyard; this application in conjuction
with a conditional use petition.
RECOMMENDATIONS DENIAL. The site is too small for commercial
PLANNING DEPART- development (as evidenced by the number of
MENT requested variances). Consideration should
be given either to acquiring the parcel of
land immediately to the South or to the West.
Parking might even be developed jointly with
the existing grocery store on the N.W. corner
of 27th Avenue and Bird Avenue.
ZONING BOARD
(a)&(b) Denied on April 7, 1980.
8 0 - 1 2 A
Q�tt�,„of iitUlt, Flariba
Vn
April 21, 1980
Mayor. and City Commission
Attention: Mr. Joseph R. Grassie
City of Miami, Florida
re: CONDITIONAL USE - DENIED BY ZONING
BOARD, APPEALED TO CITY COMMISSION
BY APPLICANT: Cocogrove Assn.
S.W. corner of the Intersection of
S.W. 27th Avenue & W. Trade Avenue
N85' of Lots 37 & 38;
CHA RLES M. MUNDY'S SUB (3-15)
Gentlemen:
The Miami_ Zoning Board, at its meeting of April 7, 1980, Itcm 48(a),
following an advertised Hearing, adopted Resolution No. ZB 59-80 by
a 5 to 1 vote (1 member absent) DENYING Conditional Use as listed in
Ordinance 6871, ARTICLE XI-4, Section 2(5)(c), to permit a convenience
grocery store (Farm Store) on above site, as per site plan on file;
zoned R-CC (Residential. Office) and SPD-2 (Coconut Grove Special Overlay
District). This petition in conjunction with a variance application for
yards and lot area.
Four objectors present at ZB meeting. Seven objections received by
mail; One reply in favor by mail.
A RESOLUTION to }-provide for this Conditional Use has been prepared by
the City Attorney's office and submitted for consideration of the
City Commission.
Sincerely,
�Lo E:' ug
Z!�'gon
Director
Planning and Zoning Boards
Administration
Z . M. #42
cc: Law Department
Planning Department Recommendation: DENIAL.
Tentative City Commission date: May 22, 1980.
CITY 1-1301
980 r. !.' 17 ra :08
April 16, 1980
Mr. A. Perez
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: S/W/C of S.W. 27th Avenue S W. Trade Avenue
N . 85' of Lots 37 S 38
Charles M. Mundy's Sub. (3-15)
Dear Mr. Perez:
This letter is to advise you 1 am appealing the decision for
denial of my application that was heard before the Miami Zoning Board
on Monday, April 7, 1980.
I know that the proposed purchaser of my property, Farm Stores,
Inc., spent several hours with you working up an acceptable site plan,
one that the Staff would support. Needless to say, all concerned parties
were shocked when the Staff recommended denial. Farm Stores continues
to state that the site plan and store facade can be changed in any manner
in an effort to gain your support. Farm Stores is most willing to work
with and cooperate with you toward developing an acceptable plan.
One of the two suggestions the Staff made was to buy the property
next door, which would eliminate the need for the requested variances.
The property next door is improved with a multi -story apartment house,
which is not for sale. Even if the apartment house was for sale, econom-
ically, a purchase of this nature would make no sense.
The other suggestion the Staff made was for Farm Stores to find
another property, that would fit their needs and would be large enough
to build on. Farm Stores has told me that no such property exists, and
the ideal location of my property, makes this the prime site for their
development. I cannot question this business judgment.
As I told the Board on April 7th, before Farm Stores, I had no
one that could develop my property because of the Right of Way the
City was taking. My property consists of 8, 500 sq. ft. of taxable
property. After dedication, I have 5,250 sq. ft. left. Developing
this size property is extremely difficult for any user. But, thank
heaven for Farm Stores, who is willing to buy my property and provide
this area with a very attractive and compatible structure. Your denial
RESOLUTION T10.
A RESOLUTION GRANTIMC A CONDITIONAL USE AS
LISTED IN ORDINANCE 140. 6871, ARTICLE XI-4,
SECTION 2(5) (c), TO PERMIT A CONVENIENCE
GROCERY STORE (FARM STORE) ON 1'}i1; SOUTHWEST
CORNER OF THE T11TI RSECTIOII OF SO14111-II ST
27TIl AVENUE; h WEST TRADE' AVENUE 1185' OF
LOTS 37 & '18; CHARLES M. 1+11INDY'S SUB (3-15).
AS ['El? SITE PLAN ON FI.I,E; BONED R-CC
(RESIDENTI.A1. OFFICE) AND SPD-2 (COCO111'T
GROVE SPECIAL OVERLAY DISTRICT) ., AS PER
SITE PLAN ON FILE.
WHEREAS, the City of Miami Zoning Board, at its
meeting of April 7, 1980, Item No. 8(a), following an advertised
hearing adopted Resolution No. ZB 59-80 by a 5 to 1 vote denving the
conditional use as hereinafter set forth; and
WHEREAS, the annlicanc has taken an appeal to the City
Commission, and
WHEREAS, notwithstanding the denial of the Zoning Board,
the City Commission after careful consideration and due deliberation of
this matter has deterni.ned that the conditional use reauested meets
all the Ci.ty's re,ui.remcnts for said use;
NOW, I'll EREFORI;, BF. IT Rf,SOLVED BY THE COVKSSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The Conditional Use as listed in Ordinance
No. 6871, Article XI-4, Section 2(5) (c), to permit a coinvenience
grocery store (Farm Store) on Southwest corner of the Intersection
of Southwest 27th Avenue & blest Trade Avenue N85' of Lots 37 & 38;
CHARLES M. MUNDY'S SUB (3-15), as per site plan on file; zoned
R-CC (Residential Office) and SPD-2 (Coconut Grove Special Overlay
District), be and the same is hereby granted.
PASSED AND ADOPTED this day of , 1980.
ATTEST: M A Y O R
CITY CLERK
1'F;G1'AI;I:D A17D AI'PKUVEU EiY: AP V' AS TO 1 1)CORRF.CT�IF.SS:
`I`I'.Ilh`i V . I' RCti G O t("I' r . ilO;;
ASS IS'I'ANT CITY AT 1'ORN1:Y CITY '1'ORNEY
i
8. S . 1-7. CORNLR OF 'I'IIE INTERSECTION OF S . W. 27TIl AMNUL AND
WEST 'PPADE AVI? ,1UT'
N£35' of Tots 37 & 39;
CHARLES M. MUNDY' S SU13 (3-1 5)
(a) Conditional Use as listed in Ordinance 0871, ARTICLE XI-4, �
Section 2 (5) (c7) , to permit a convenience grocery store s
(Farm ;tore) on above situ, as her site plan on file. This
petition in conjilncti.on with a variance application for yards
and lot area; zoned R-CC (P-s i cleat: i.al Office) and SPD-2
(Coconut Grove Special Overlay District).
a nd
(b) Variance from ordinance OF371, APTICL1 XI-4, Sections 4(2)
& fi(3) (a) , (4) (a) , to permit a convenience grocery store
(farm Store) on above ,i.te, as per site plan on file, with
5' rear yard (20' required), n .lot arei of 5,250 sq.ft.
(6,000 ;ci, ft- . rmillired) , and �:,i th t:h(� driveway occupying
more than one-h:llf (1/2) of the width of the aren of tho
re�lui.re<1 f:l-otltyar.cl; this 'Irl)].icati.on ill conjunction with a
r.ondi ti on-i1 use 1--tit i.on; :'nod R-CC (Resi.dential. ,Office)
and SPD-2 (Coconut Grove Special overlay District).
Secretary filed proof of publication of Legal Notice of Ilearinq
and administered oath to all persons testifying at this Bearing.
PLANNINr DEPARV1E1JT RECOMMENDATIOti : DENIAL.
The site is too small for commercial
development (as evidenced by the number of
requested variances). Consideration should
be given either to accluirina the parcel of
land immediately to the South or to the West.
Parkina might even be developed jointly with
the existing (Irocery store on the N. W. corner
of 27th Avenue and Bird Avenue.
14s. Susan (roves, Planning Denartment: Mr. Chairman, Members of
the Board, the petition that's before you tonight is to permit, with a
conditional use, a convenience, store on the corner of 27th Avenue and
Nest Trade. In conjunction with this conditional use request, the
application is for several variances which arc related to the size of
the site. Basically, they're asking to be ver.mitted to have a retail
use of less than the minimum required amount of land or 6,000 square
feet. Instead, they have just over 5,2n0 square feet. Because of the
size of the site, the Department is recommending a denial of the
conditional use rcctut. t. We are also recommending denial of the several
variances which are being petitioned for.
u'e realize that on this site: which is ava.i lablE, right now to the
applicant, there is no way that such a retail use could he put on the
site without varianc;?s. However, qo f,?el. there is land which is avail-
able or there ar- othor means of ac-;nirino more land, narticularly for
puttincl harking on, anci we feel these means should be investigated by
the applicant. We're particularly concerned with what is going to happen
to the property immediately to the wQ,t of the subject site. if you'll
look at the map on the wall, you will see that there is one more lot
-32- April 7, 1980 Item 3
ZR
which will be left within the R-CC zoning district. 4hat will happen
if you permit the site that's in the yellow to be developed independently
you are going to he creating anothQr lot which will. be sub -standard in
size and which essentially will he un(]e_v^lopable within the R-CC
district. :,o what the Planninc ?epar.tment is Fungestinq is that you
urge the applicant that th�,v consider purchasinci this other site to the
west and that would Eliminate the need for prohiil,1y all of the variances.
I think they would have a much hotter onnortunity to he able to put
their parkinq on the site and possibly eliminate all variances. So at
this point, we are recomme.ndinq a denial of: all the variances and the
conditional use.
Mr. Campbell: r1r. Chairman, Members of the board, my name is
Ceorgcs Campbell, rE nresEntinq the:: De�nartment of Public I'lorks. We
request in our memorandum of March 31, that if you sce fit to grant
this application, we require as a part of the granting, the dedication
of the Northerly 10 f_eut of Lot 37 and 38 and the Easterly 30 feet of
Lot 38. We have di -,cussed this when the applicant was in the office
with the plans for this.
Mr. r;ort : Thank you Mr. Camnbel.l. will the applicant please
step forward and give your name and address.
Mr. Y.inq: I1y name is nice; King, I'm director of real estate for
farm Stores, Tnc. , and the address is 5800 N. W. 74th Avenue, Miami.
Briefly, ladies and gentlemen, we nronose to irnorove the property with
a convenience store,. The present zoning which I think is R-CC does
permit this use with the granting of a conditional use permit which we
have applied for. when we contracts.' with Mr. �lartone who is the owner
of the property, we contracted for 8500 .s(ivare, feet which would serve:
our purt)oge and m(_et all the requiremunts of the City. Ns we dcveloped
our elan and communicated with variou, mcm!)ers of the Planning and
Zoning Department, we found out t'iat in fact We do not have 8500 square
feet but ws� slid have 5250 square feet left which necessitated three or
four variance: in order to put the proposed improvement on the property.
','l- vcn1ng l.adv mentioned could 1)osF;ihly acquire the building
next door. which T think is a 2-story anar.tment house: !)Ut it woul.3 be
very impractical from our standpoint anyway to male it part of the
development. Mr. Martonc, the owner of the pronerty is in the audience
and will he ctlad to answer anv question you may have:. TIe. also have
our architect here:, 1r. 11oh Clark.
'Is. Pasila: 'ghat has taken place there that leaves 5250 square feet?
mr. king: Ile has 8500 square: feet of property Which he's paying
taxes on. After the proposed widening and street dedications, tie has
5250 square feet left. So instead of 8500 square feet of property he
could us.-, he Sias 5250 square feet of property of usable property.
Its. Basila: Is that a dedication of 3000 square feet?
P1r. Kind: 325n.
Ms. Basila: That's a lot of dedication, isn't it?
Mr. King: Yes, it really presents an obvious hardship in
developing.
Mr. e.ort: Dons that eoinplt-te your presentation? Then we'll
hear from the opposition.
Mr. Mobley: mr. Cliai.rman, "embers of the hoard, mir name is
Alan Dale flohlLY. my office is at 3300 Ri.cf, Street, Coconut Crove.
I think there's a misnomer here. I thing: this would he an incorivenbnce
storey an(l not a convenience store and if you're not familiar with the
neighborhood, we are already, at least my tenants and I believe the
-33- April 7, 1980 Item 0
ZB
or o",
homeowners in the area are suf.ferincr from the E-Z-puik market which is
on the northwest corner of Bird and 27th Avenue. They operate a con-
siderable amount of hours a clay. There are traffic nrohlemc, problems
from the sale of boor allegedly for off -premises consumption. It seems
to me to be an enforcement problem with the police - it's not a zoning
urohlem and it's not a police nroblcm. I would le concerned if the
conditional use or any variances t•rould he nrant(,d. T would not put
farm Stores in the same category of operation as l:-Z-Ouik, but I believe,
maybe Mr. Perez could clarifv this: In the City of Miami now if you
have a (Irocery license to sell beer and wine you can sell it 24 hours a
day, can't vou?
Mr. Pere. z-Lucones: I cannot answer that nucstion because I
haven't checked that. Let me ask the representative from the Zoning
Division. (Interval) Ile cannot give you a definite answer..
Mr. Mercy, Law Department: I believe it would depend upon the
tyue of license that lie has.
Ilr. Mobley: It's a grocery convenience store in the generic
sense of the: word.
Mr. Percy: T'm not aware of anv restrictions on those types of
licenses - for 24-hour stores that', not a problem.
tar. No},ley: I would not nut Farm Stores in the same category as
L-Z-puik but I think yoti should be awar-L of this nossibility if a
conditional use was granted. If it will he a Farm Store that I'm
familiar with throiichout Dade Count-.,,, T would he rather curious as to
hors the traffic situation on ingress an(l e(Trcss worked. T think it's
just a l)a(1 choice in areas c.spe:cially in 101it of the problems that
are suffr�re:.d by resi.(lents in the arLa. Perhaps some, of th'?rT �rould like
to QCt up an(l relate their exner.iencer, with E-7,-Ouil; but we already
have a convc.nic-ncc- store on the other corn,�r. I would like to bring
that to your attention for your consideration.
Mr. Ttyan: I live at 2701 Natoma ^trcet and my name is
Ilarol(l Ryan. i own the buildi.nq on the west. It's a 4-unit building.
If this store is huilt, my tenants on the. second floor would be looking
down on another conv�_-niencc store. rIr. r.V)lry mentioned some, of the
problems that %re have wi tli the exi .tine conveniR nce store. There ha ,
been a lot of crime - you l:now, attempted break-ins and I'm sure there
are plenty of r)olice reports that Yill hack that ir}). There: is also
another convuniencu store on the same block on the corner of. Mary and
Bird - you know, within thc- same block aild another, one oil tJrc other side
of US 1. There's another farm Store across from the Coconut Grove Bank
parking lot. liow many Farm Stores could they want?
The normal Farm :,tore set-un is a drive-in drive --out type of thing.
I've seven the flans. Anybody going to the store, when they leave would
have to hack out into 27th Avenue. The other way thev would have to
back out into Trade-' and Trade, is , veiry narrow, residential street.
There is a biq parking problc rii now as it i, on that street.
There are some large, treen on this property. There: is a tree that's
partly on my property and hart on thi. property which is about 10' in
diameter. I didn't see any mention of that in thr- nreliminary nlans.
It was just i.gnore.d. 'There are I:oy it T'alms and an Australian fine on the
prouc:rty too. Tt doesn't scorn as thotiUh there hap: he:(_n any provision
for that . Thci plans that I sa�.i looked as thouoh they w^r(• tryin(T to jam
as much pnrkiivi ail(] aF; much convenience'_ store oil the? lot as possible and
there's not a lot of room. The• lot is just not hi(• enourih for what
they're trying to do. 'That ncighhor.hoo(i is all (iuiAe%es, and a lot of
new t.ownhoi 3(, devclopmrnt aoinh ur) in thcrc. Tlierf� are plenty of
convenience ;cores so there's no need for what they're trying to put up.
-34- April 7, 1080 item 13
F�aLLG
O 0",
It's a shoe horn type of thing with not enough room for what thev're
doing and I thin]: they're asking an awful lot. 0000 square feet is
required and they've: only got 5250. The rear setback has 20 feet
required and they're as):inq for only a 5' sethack. I'm vehemently
against this. It would ruin my nr.nnertt,, and it would ruin the neighbor-
hood. A butter develonm,�nt could vo un in that location. As far as
the hardship, I don't understand it. ThP file: that I saw, it didn't
sound to me like an actual sale, it seems like it wa, 'su►)je:ct to'
zoning approval. I. don't see anv har.(lshin at all and it's completely
out of character with the neighborhood.
f1s. 13asila: 'Mitch one is your property sir?
Mr. Ryan: I'm on the east, 2731, right next door. I would be
the fellow t'.,at is most affected by this.
Mr. I:lin<.: i1r. Chairman, r4emhers of thr-• Board, my name is
Chuck Kline. riy office is at 700 Southeast First National Hank Building
and I represent the nronerty of -finer immediately to the south of the
subject nrot>erty. This piece of nroperty that I'm nointincj at right
now (projection map) which is Lot 11, is in nart occupied by !?-7.-Quik
Markets, Inc., a building that's situated right at the very corner of
Bird Avenue and 27th Wr-inue and yoo'vf- hr!ard people refer to it. Then
immediately to the north of that huildinn there's a vacant lot between
the E-'L-Ouil: building and the: suhjFct property. It's the northern half
of Lot 41 and I believe it also nn<s through to I,ot 112. That piece of
property in there is currently being used an a ,�arkinq lot that's heinq
rented to !i- -Quik market but the whole point I'm trvinq to make: and
direct your attention to is that when you come in to the gateway to
Coconut CrovE on 27th Avenue, ]leading south, ric,}it towards this area
the first thine] you sE:e: after you pass Dixie Iliahway, you no down a
little din and that little dip that I'm referring to is a dron in 27th
Avenue and it turns right into this area here. You look up on the hill,
and that's the taiece of property you see.
Now I wanted to set you familiar with the nronerty because what
I have to say about and the objections of my client concerns the location
of the pronerty and the City'-, own plans for the utilization of that
area. Nty client ha three objections to the pronosed change: in use,
the change in the actual utilization of the land. We're talking about
three diffe.rcnt thincls here: tluml,nr one, you're in an R-CC area that's
reii(lf,ntial or office use. They don't want to do that, then want to do
a different use; a less acce:ntable use of the. nronerty. Num])er two,
they want to over -utilize: the pronerty. They want to nut more building
on the land than your nroole have said is ne.rmitted under the circum-
stances and more than our laws sav you could. We, first of all,concur
with the Planning Department in its zoninct recommendations. It's talking
about all over -utilization of the nronerty without aml cll e ss on. You've
only dot 5700 squad: feet, I think it is, and the minimum allowed for
commercial-rc_tai.l estahliglimcnts i.-, 6000. There's a reason for that and
the reason is that when you talc the volume of activity that takes Place
in a retail estali 1i.shnf-,nt, sound judgment has said that you have to
have at least 6000 square feet so that it doesn't become: offensive to
the nE:ighbors;offensi.ve, to the community. Think about this retail use
that is bei.nd proposed. It is the most volatile, thc: most active kind
of retail une you can possibly imagine; people coming in for a quart of
milk, a loaf of bread, they're in and out every day.
Now th,•. volume of activity anal this really 1c?axis to my second
objection .,which my clif-nL has and that is, it's out of charzetPr with
the P.-CC zoning which this hoard and the City Commission has adopted for
this area. 'Phis is not a drive:-thr.ouclh Farm Store. plan. Instesarl, what
they're goin<j to do, and if I could harrow the City's file for a minute:
I'll open the: map in there and shop•, it to you. What the annli.Cal-It is
proposing to do is to have a parkinq lot t)lat fronts on 'vest Trade Avenue.
-35- April 7, 1980 Item 8
"SUnPO RIVE 713
peps,;. • •
J
1- LL-00
F r
I'm holding_ this nap tin with the north at the top. 27th Avenue is
right over here and then aoina east to west, across the ton, is this
little, tiny, narrow, rc=.sidential strr--vt, West Trade Avenue. Now
what they'reproposing to CIO is to nark six cars off of this resi-
dential street riciht under the noses of these- anartment buildings here,
and you kno,,,, ghat it's cioinq to he; a quv drives in, Barks his car,
Shuts the engine off and ht- does inside! and nicks un his loaf of bread
or whatever, he walks; hack outside, oetr in the car, cr..ant:s the Engine
and if it starts it starts thcin he drivt,s out. lie's doing to be:
backing out or driving out head first into this narrow little area
where: there's only 30' of an openinq hers a driveway. And the width
of they st.r.ecct is Icss than 20' - the paved area. The greenery encroaches
on that street. It's a very pretty pictureg(Ttic little street. It's
what the Grove used to be and which the City tr.ierl to preserve when it
went hack to the ,z-CC zoning. But when you havtr all these cars in and
out hare, all night l.ona, up to 10:00 or 11:00 at night or however late
they're qoinq to be olx:n, you'll have nothing but the kind of pressure
that is going to make this niece of pronerty next door to it, less
desirable and that means it's going to attract less rent; it means it's
goinq to qut rundown and the next thing you know, the whole character
of this area which is on the upswing, is aoino to turn and qo in the
other direction. It's all residential along West Trade Nvenue. There
is not a sin('ile business i)iece of or.ot)orty alon(i Uestt Tracle Avenue. It's
entirely r-sidr-ntial.. 'Ninv're not nronosin(i to nut the c:nt.rance on
27th Avenue. They couldn't do it because the Pl tnninn Peonle .vould tell
them they'd have ton many accidents ha(-ki.na in and out so thev're
putting it on a residential. street that's nict- in character and you
know what's goin(-4 to happen to the residential area when they do that.
'Is. ttasila: l;xcuse me for interr.untinq sir, but flusan, are thev
indeed backing out? t1y map shows there's sufficient room for them to
back up and go out forwards.
t1s. Groves: Thev art= renuired to bcable to turn around on the
site which, accordinq to the dimensions on their plans, they do have
adequate space to turn around.
'is. Basila: :)o they will. not he backing out into the, street.
I'd like to establish that. Thank you.
Mr. Eline: I'd like to add a thought here. When you don't
have a dr.i.vc in, drive out, in and out type situation, the only thinq
you can do is sc.t it up so that reasonable Peonle, driving reasonably
would in fact drive in, turn around, and drive-. out. But you have no
assurance that that's aoina to happen. And wh-n you aet all six of the
cars on this tiny little lot that they're talking about, and you get
one fellow parkinq just a little bit wrona, there's not goinq to be any
way to gCt some. of the -so great biq wagons out of there other than to
back out. And that's going to create the problem. But it's not just
whether they hac): out, it is more than that IMs. Basila, it is the fact
that they park on that little street for just a fern seconds - net in
and clot thc_ir hoer or wliat-ever they're: qoi.nq to get, co back, start the
car up and go out again. And this is going to happen all day long until
10:00 or 11:00 at night.
I raid there are three reasons and I re illy hrlieve there are
three reasons •.ahy you should d(sny this request. Ancl in a nutshell, the
rtz-iuest for thc; change in use of the property is inconsistent a-Ath your
e.1114ire plans for that R-Cc, zoning. T F;at right in this room when the
City of 'tiami vott-d t:n change- the zoni.n(t on 27th !,vt_nu�L- bi:!tl eeii, I
hclievf-, it was Tirv-rtai 1 all the way un to Uixie as part of
the master :)1,111 for Coconut Grovt-,, to roll back that density, roll back
that zoning from t -1 and C-2 to R-CC and the- nurpoc3e was that this was
th.! gatc.tmy to coconut Grove. IF wo don't stop that i iidustrial-tvpc of
development, that retail honky-tonky type of development before it gets
-36- April 7, 1980 Item 8
Q, T�
11SU P'^O�TIVE
K .,LLOW"
started, we're not going to he able to preserve the character of
Coconut grove which is an important Part of thn City of Miami. Ahd
Yet, what they're asking to do, and I'm ]-t.avin" you with this thought,
is to {gut that i'art, -tore, that cos;, right on top of that hill so when
you drive dorm intn 27th Avenue:, you in clown that little valley and
You look 'IT) on Nour right, what are you (ini.no to see? Frick, aluminum
and cars and a our
Store' and that just isn't what Coconut OrovF is
about and that was not wliat this :_'ity had in mind when they changed
that zoning sveci f i-ca l.ly back to R-CC . I know I re nrescnted clients,
we fought that chanrie• and we lost hecaus,;� they said they wanted to
preserve the: character of the Crove.
T' ll leave you .-Yith one other thought. Where is there any
evidence in the record, b�:forte this I'oard that the applicant or the
applicants cannot ;gut that property to the use For which it was zoned?
It was zoned for of fica-residential.. Where is there any evidence to
show it would be a hardship to utilize that piece of property for an
office? Thank you.
Mr. Martone: Lou Martone, 4115 Poinciana Avenue. I'm the owner
of the property.
Mr. fort: L;-ter. Mr. Martone, we are hearinn the opponents now.
Mr. Yarboro: ;ly name, is Nicholas Yarboro. T live on the square
dot on they north side of. West Trade there: (projection man) . I can
attest to the fact that it's a very, very narrow street and a very lovely
one. Ply brother and I own that pro:erty; rFnovatinct a 60-year
old house,. There's a 2-story apartment bui-.ldino which was discussed
earlier which cause: s problf_ms in that the cars narked there have trouble
getting out without runnin(T into our heal(ie and things. ►•ty only point
is that hein(T a hnmeownf!r in that are: i , we'd l i Ye to ke eT) it a resi-
dential area. The neonle in that area have told me that they don't want
a Farm Store there.
Ptr.. Cort: Thank you sir. Anyone else? Alright sir now we'll
get hack to you.
Mr. 'tartone: Lou i'lartone, 4115 Poinciana Ave:nuc.,. I'm the owner
of that property. Vie hardship as you know already is that the property
is heinq re(biced considerably. The contract has been written for sale
that it is de pend�-nt upon the approval of by you people that you will
approve: the variance and I could sell the property. Now any time I put
that property un for sale it will have to come before you people and
cget a variance because you have reduced it blow 6000 sounre feet. So
I plead ;:-) you to let this sale clo through because otherwise I'd be
he forty you again to meet with your. anproval . As far as the shrubbery
is concernel on Trade Avenue, most of the shrubbery there, is mine: to
make that street beautiful. You have regv`.red Farm Stores to have that
setback so thRreforE they're not rroinq to destLuv that shrubbery, thev're
doing to leave room to park in there. Vicy're not goinq to have an exit
on 27th Avunu :. I don't know how I can sell this property after the:
City has taken so much away from me.
Pts. Basila: ter. Martone, what are the dimensions of the property?
Mr.. Martone:: I believe 05' K 100' right: now. The 100' is on the
t9est Trade side. I've been paying taxes on 8500 square feet up until
now.
Mr. Gort: Does that conclude your presentation?
Mr. rtartone: Yes it sloes.
-37- April 7, 1980 Item 0
zc
Its Un^#-Nn%I IVE
C.. \�i 01r EINI«; J
d,
fir. tort: T''e'11 close the public hearing and have comments
from Board Members.
Mr. Kinq: 'There are a counle of. comments I'd like to make. I
guess I was not clear in my original explanation. This is not your
typical Farm :More;. It is a convenience store. Tt does have six
narking places on it. The building was lPsirined accordinct to the
wishes of the Planninq and Zoninq Oupartment. We: talked with fir.
Jack 1,11ft who wanterl the buildinrr to face lest Trade. rather. than 27th.
We would much rathc-r face: 77th but becaure of his wishes, we faced
it on West Trade. %-;e can turn it any way you want.
One of the ncnt.lemcn me nti.oncd the cow sign that we do have on
our Farm Stores. Now tac have no cow Sinn planned for this store what-
soever.. Tt will he built of wood to fit in with the nei(Ihborhood. I
have, a drawincl of what it will look; like if anyone cares to look at it.
Ne're Willi net to do just about anythinn to solve:: the ohje.ctions that
we can of the neorle. We naturall.v can't actrFe t-.i.th their thoughts on
our mar. ketin(t conce,-t)ts . 'IF (In have-. Varm :1torF" s in the area but we have
no convetii.e:ttce ; t.orvs . 'Phis is an c ntirely rIi f fer.,7=nt coticec�t. In
fact we do have Propf!sties where there is a farm :,tc rc and a convenience
store on the same pronc!rty so the two are not nc:ce:ssarily tied tociethpr.
Coconut Grove is a vary l►nique area for us.
Mr.. Roll(_: I've seen your Parm Stores of different dimensions.
As you have mentiono<I, you do have different sizes. Could this store
have been reduced in size?
'Ir. 1Cincr: Wr-_ really made it as .small as w4 could and we brought
it dorm to 45' X 30' which is 1,350 square feet. Our normal store is
54' X 40' which is 2,100.
Mr. s:olle: . . . a reduction in size would not have been a
consideration?
11r. i;i.nq: lie: could reduce it further if that was a condition on
the approval.
Mr. Rolle: 'Thank you.
fir. 1:1 ine : I want to make a Statement with respect to two things:
The- first thinfr is that %%?hc.n you are aske(i, as you know, to chancre the
use or allow an applicant to chancre the use of the propert�)P, one of
• the first tiuideli.nes that you must turn to is whether there is a narti-
cular hardF,lli{) for the particular annlicant; whether his property is so
unique in its setting that unlike ill Vic others in R-CC, this one can't
nut un with an R-CC use that it's got to J)n used for some othE r nuraose
and you all know that. What I don't see in this record, in any of it,
is to show why it couldn't he a laviyer' s office, a doctor's office or a
house or any other thing that', prohibited in R-CC.
The other thing I wanted to mention is, there is already a
convenience store next door and there's one down Bird Road.
t1r. Cor.t: alright, we'll close the public hearing and hr
cc-nmer.ts from Hoard Members.
Mr. C'a rner : I don't know if T' d like to make a motion but I
would like to comment and -just confirm the state-m,:nt that was broug1it
out and that is thr fact: that ht:cause of tile talon<1 of the right-of-way
this lot must come brforce this Board for anything.
Mr. sort: 'I'hc, way I see it, they would like to see something
that is within the 11-CC zoning. They don't want retail or something
that is conunercial.
-33- April 7, 1980 Item R
ZI1
woo
�w�
I1r. Rolle :'The R-CC is overlayed by the sPi)-2 and I think we may
have missed that in some of the presentations while at the same time,
the dimensions of the facility, the physical structures being proposed
would certainly he heyond the bounds of the zoninrl ordinance. But I
just wanted to say for th- record, that the SPD-2 is overlayed on the
R-CC specifically for Coconut Grove.
Its. Basila: T move to unhold the recommendations bf the
Department; I move to deny on 8(a).
Mr. Rolle: I second it.
Ilr. Verf z-Lugone , : !,Ie have a motion to deny made by Ms. Basila
and seconded by Mr. I:ollU.
2 Itt:turn Notices favoring petition were: received in the
mail from property owners of record.
7 Return Notices onnosinq petition were received in the
mail from property owners of record.
Mq. Gloria Basila offered the followinq resolution and moved
its adoption:
RESOLUT I0;1 713- 5 9 - 8 0
R1;SOLUTI0?1 TO DENY RI-XWEST FOR Co IDITIONAL
USE AS LISTED IN ORDINANCE' 6871, ?1RTICLE XI-4
SECTION 2 (5) (c) , rO PF,^'ITT n COIIV',NTENCE
r:ROC1,RY STORE, (FA!?,1 STORI.) OI1 I;5 FEIET
OF 110111S 37 T,IID 39 ; CTIARLES ?I. r11J'1DY' I' SU11-
DIVIST071 (3-15) T31'I"Ir, ;,OU''•.'ll!?F;S'L' COPNE'll OF THE
INTET:SCC'I'TO^1 OF S. '•d. 27TH 7WENUE AIID VILEST
TRAM." AVE'llfl T T'I;'t SITE PLAN 0II PT1,T'. Tl1IS
PE'TTTIM Iy C0):IJU'ICTT'):1 !,!ITII A VARIANCr APPLI-
CATT071 FOR YARDS 7\i1D L,n'I' 11Ia:n; 7,ONED It -CC
(RL'IM1:TJT1AL OFFIC!') 11;11) (.)Ph-2 (COCONUT GROVE
SPECIAL OVFTZLAY DISTINCT) .
Upon heinrl 5;econrled by tlr. 'Iel l i nnton P.oll"i, this resolution
-as passed and adopted by the foll.owinq vote:
AYES: its. Basila
Messrs. Cruz, Garcia, Rolle, port
NAYS: Mr. Carner
ABSI1NT : Ms. Baro
Mr. Perez-Lugones : The motion to -1eny carries S - 1.
(PLEASE TUR14 TO PAGE 40 FOR RESOLUTION ON n (b)
-39- April 7, 1980 Item 8(a)
'l, i3
t
P4s. Basila: I also move to deny 803).
'Ir. Rolle: I second.
Mr. Perez-Luaonss: Motion to deny made by lla. 13aaila and
seconded by Ir. Rolle.
Ms. Gloria Basila offered the follol,ving resolution and moved
its adoption:
RESOLUTION ZB-60-30
R1'SOLUTIOTI TO DENY RT'01.17ST FOR VARIANCE
FROM ORDINANCE 6;371, ARTICLE XI-4,
SLCTIOPIS A (2) AM) 5 (3) 00 , (4) (a) , TO
PERMIT A. CONVPTl71;:1C1 rMOCT'RY S'T`OP.E'
(FARM S'.CnRE) 0'4 i:.;;''I,l 97) FT;T;'I' OF LOTS
37 7\i4U 3 3 ; 0WILES J1 .
1)IVISI0II (3-15) Ii1'II1r, GOR`1TiR
OF 'Pill' IT1'1'LRSI;CTicl"I OF f nw('}I',9J;ST 27TIl
AVF Itlr 7MID "EST i 1'11)", AVENUE AS Pi'R SITE
PI,A�1 O17 }'IJ_1; '.7I'1'}I F�'l.'[' lw,%R 'W") (20
F1''ET REOUT ?E'D) A T.,0T 7\1?1,A OF 1),25r) FMAIM
I• Vl'.T (6,009 X)UARE rri-' Ql-"OUT 1?T'U) AND UITH
THEE 1)RPIFT-1AY OCCUPYIIJ(l, 710P)? THAN 0',11:--11ALrF
(1/2) OF T!lF WIDTH OF 'J'IIT; APT;A OF THE
Ri,"OUTRID FROi1T YARD; '1'1'IS IPPLICATI011 IN
CONS JUNCTI',)11 '411, 1l A. COIJUITIO'IAL USE PETITTO24;
ZOTNi;U R-CC ('1Z11.'SI1)1'NTTAT, OF1'TC}?) A?JD :?PI)-2
(COCONUT MOVE ST11'CIAL OVL1tL.NY DISTRICT) .
Upon hein-t ,econTT- d by %1r. 1•:'�I.1inTtton Rollc:, this resolution
was passed and adopted by the followinn vote:
AYE'S: Ms. Basila
Messrs. Corner, Cruz, Garcia, Rolle, Gort
NAYS: None
ABSENT: 14s. Daro
dr. Pere. z-Lugones: 'lotion to denv carries G - 0. The
motion to deny carries on both counts. You have the right to appeal
the decision to the City Commission and you have 15 days to do :o.
ror information regardinq an appeal, please qet in touch with my office.
oR1
S"�;
•-40- April 7, 1980 Ttpm 0 (b)
ZB
PCTIi'lON AGAINST CONSTnUCTION OF FARM STORES
ON 27th AVENUE. AND TRADE AVENUE
NAPIE ADDRFSS
1. 30 6V
3.
4 36 -7 �v
7.
9.
10.
r
12,
13 • . _ (.c) Jl n
n
17._ '� . _ �L .� �_� kitL
18.
19.
^ 7 %
23.
26.
27.
Ju- Vf) \' Q--
#{oStpPORTNt
ukaumEN1 �
1f
31• Helen Crook property owner ( E-Z Kwik) protests by (hone from Alabama
—�-
33
34
35
36
3, - 4
PETITION AGAINS`1' CON:'TRUCTION OF FARM STORES
ON 27th AVENUE, ANf' TRAPu: AT,IiUi,;
APPRIF�;;S
�-
13 •
17 -
��
}�-
19.
2.0,
2.1.
22.
24.
25•
26.
27.
28.
29.
30•—. -- ... -- -- --
32.
33•
34.
35.
36.
37.
38, - 4 2 4