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HomeMy WebLinkAboutR-80-006722, RESOLUTION NO. 8 0 6. A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4(6),;TO PERMIT THE OPERATION OF A.50-ROOM MOTEL (SHALIMAR MOTEL). ON E40' OF LOT 11 AND ALL OF LOTS 12, 13, 14, 15 AND 16, INCLUDING A CERTAIN STRIP OF LAND LYING BETWEEN LOTS 13 AND 14 MARKED "NOT A PART OF THIS PLAT", LESS DEDICATIONS; BLOCK 10, NORTH GATE (8-88), BEING 6200 BISCAYNE BOULEVARD, AS PER SKETCH OF SURVEY ON FILE, PROVIDING 14 OFF-STREETPARKING SPACES (118 OFF-STREET PARKING SPACES REQUIRED) ,- IN CONJUNCTION WITH A, CONDITIONAL USE APPLICATION GRANTED BY ZONING BOARD RESOLUTION ZB 211-79 ON OCTOBER 22, 1979; ZONED R-4 (MEDIUM DENSITY.`MULTIPLE)"'DISTRICT. WHEREAS, 1979, Item No. The Miami Zoning Board, at its" 5(b),:following an advertised Hearing, adopted meeting of October Resolution No . 'ZB . 212-79 by a . 3 to -3 vote (2 members absent) constitute variance said the Zoning finds which s a: denial as hereinafter set: forth;and WHEREAS,'? the applicant has taken an appeal from the' denial of to the City Commission and WHEREAS,. the City Commission, notwithstanding Board, and after careful consideration of this that due to peculiar circumstances practical difficulties the denial matter, affecting this parcel and unnecessary hardships would by of land, impair the" owner's right to the reasonable,; use: of the property without the granted CITY OF No. 6871 50-room 13, 14, Lots Bloc sketch off-street 13 and 14_marked :"not a part of this Plat", less dedications, k' 10, NORTH GATE. (8-88),, being 6200 Biscayne Boulevard, as' per of.survey on file, Providing 14 off-street parking spaces,,; parking spaces required) ,: in variance as hereinafter set forth; NOW, THEREFORE, BE IT. RESOLVED BY THE COMMISSION OF.THE MIAMI', ;FLORIDA: ITEM NO, Section 1. The request for'a variance as' per;Ordinance. ,.Article XXIII, Section 4(6), to permit the operation of a motel (Shalimar Motel) on E40' of Lot 11 and all. of Lots 12, 15 and 16, including a certain strip of land lying between (118 conjunction with a conditional CITY COMMISSION MEETING OF JAN241980 MUM Nk 9 7 6 7 use application granted by Zoning Board Resolution ZB 211-79 on October 22, 1979, zoned:R-4 (Medium ADensity Multiple) District, be and ATTEST: CITY CLERK D AND APPROVED BY W1, ��. , TERRY V.'ERCY ASSISTANT CITY ATTORNEY PREPAR APPR GEO CITY GE NOX, JR. t� ORNEY 2. 80-67 LOCATION/LEGAL. OWNER APPLICANT- ZONING REQUEST ZONING FACT SHEET 6200 Biscayne Boulevard E40' - of Lot11 & all of 12, 13, 14 ; 15 & 16 including a certain strip of land lying between :Lots 13 &: 14 marked "not a part of this ':Plat" less dedications, Block 10;,.,, NORTH GATE (8-88) F.T.W. Corporation 8101' Biscayne Blvd. Miami,Florida Phone: George Gibalski P.O. Box 381598 _. Miami, Florida 33138 Phone: 751-7687 R-4 (Medium Density Multiple) and R-4 (Medium Density Multiple) 751-7687 Conditional Use Application.as listed in Ordinance 6871= ARTICLE, :VIII, Section, 1(11)(b), to permit the structure located on above site, ,as per sketch of survey on file, to be -;used as,'a 50-room motel Motel)"..This petition in conjunction with'a variance application for a waiver of parking. and Variance Application from Ordinance 6871, ARTICLE XXIII,:Section 4(6), to permit the operation of a 50-room motel '(Shalimar Motel) on above site, as per sketch ofsurvey on file, providing 14 of f- street parking spaces, (118 o.s.p. spaces required). This petition in conjunction with'a conditional use application. EXPLANATION This structure existed as a legal non -conforming use of a motel, prior to January, 1975. In 1975, variances and use approval was given for Junior Achievement of Miami, which has moved from this location, which has prompted this petition. The legal non -conforming status was removed with the prior approval, therefore the subject requests are necessary to re-establish the previous use. There are no additions or expansions proposed for the existing structure. -67 PLANNING DEPARTMENT ZONING BOARD (a) and (b) DENIAL. Unless more parking is provided, the motel cannot function, properly and it will create a nuisance for the surrounding properties. One. solution to this problem would be to obtain off site parking. Deferred- on October--1;,-~1979 to October 22 to have the applicant come back with plans which better conform to the ordinance. regulations. Approved (a) on October 22, 1979 Denied'(b) on October 22, 1979 cmi u G Eitu of Mayor and City Commission Attention: Mr. ` Joseph R. City of Miami, Florida Gentlemen aritta VARIANCE :- DENIED BY;ZONING BOARD APPEALED TO CITY COMMISSION BY. APPLICANT: George Gibalski 6200Biscayne :Boulevard E40' `of Lot 11."& . all of 12. .including;' a certain strip of land. `lying between Lots 13 & 14 marked "not a; part of,; this Plat" less dedications;'B1ock,10; NORTH GATE' (8-88) The Miami Zoning Board, at its meeting ofOctober . 22, 1979, Item`, #5(b),".following an advertised Hearing, adopted Resolutuion;`No.`: ZB 212-79 by a -3 to 3 vote (2 members absent) to recommendthe following WHICH CONSTITUTES'`A DENIAL: Variance from Ordinance 6871, ARTICLE Section 4(6), to permitthe operation of a' 50-roorn motel (Shalimar Motel on E40' of°'Lot 11 & all of 12, 13, 14, 15 & 16 including a certain strip of land lying between Lots 13 and 14 marked "not a part of this Plat" less 'dedications; Block 10; -;NORTH GATE'*(8-88 being. 6200 Biscayne F3oulevard, as per sketch of ,survey on file, pro _. vidimg_14".off-street parking spaces,.:(118 o.s.p t:paces,required) This petition, in conjunction with a conditional Use application , zoned R-4 (Medium Density Multiple)." Five objections in the mail. in favor received A RESOLUTION to provide for this variance has been;"eprepared by`:the City Attorney's office and"submitted•for consideration` of the City. Commission. cm Z. M. 4014:' cc: Law Department`. Planning Department (Tentative City Commission date; December 27, 1979) Planning Department Recommendation: DENIAL. A frelio E`'Percz-Lud nes Acting Director Planning and Zoning Boards Administration L..w Orrice% JOSE:PI{ W. .NIALEti 390 LINCOLN RO410 MIAMI BEACH, FL.ORIOA 33130. Mr. Aurelio E. Perez - Assistant Director. City ofMiami Department of Administration Planning & Zoning Boards 3318 Pan American Dr. P.O. Box; 330.708 Miami, Florida 33133 P01014[ 113411,4431 Lugones November 1979. Re Resolution Z.B. 212-79 The East. 40 feet of Lot 11 and all of, Lots 12, 13, 14, 15 and 16, `Block 10 of NORTH GATE, according _to the plat thereof, , as ' recorded in Plat : Book 8 at Rage 88 of .the. Public Records of Dade County, Florida, together with that `certain strip of land lying between Lots 13 and 14,`as;shown upon said plat, marked "not a Part of . this. Plat", saving and reserving from Lots 13 Wand 14 of Block 10, and from that certain strip,; above mentioned,.lying between Lots 1. 3 and 14, Block'10, an eight -foot strip along the -East Dixie Highway,. for highway purposes, also reserving a ten -foot strip from the South end of Lots ',14 and 15, and the East 40 feet of Lot 16, of Block 10, 'a: tens -foot 'strip for the widening of Virginia Street Dear Mr. Perez: Please be advised that this office representsE.T. W. Corporation, a -Florida' corporation, the owner 'of the Shalimar -Hotel Located at 6200 Biscayne Boulevard, .Miami,.Florida; the. legal 'de- scription of .which is referred to above., This letter is being written and shall constitute an appeal of the above resolution of the Zoning Board erninating from the hearing before the Zoning Board of the City of Miami, Florida, onOctober.22, 1979 The Zoning Board, .by a vote of 3 - 3, failed to, grant -a variance from Ordinance `'6871 Article XXIII Section . IV' (6) , to permit the ope- ration of a 50 room motel (Shalimar Hotel): on the above,"site as per sketch of survey on file, providing 14;off-street parking spaces (118-o.s.p. spaces required). This petition is in conjunction'; with a conditional use application; zoned R4 (medium density multiple)..; This .is:`"the rnater being appealed herewith and in accordance with the laws of the City of Miami, Florida:_I enclose herewith my check in the amount' of`$500.00 to cover the costs of appeal. Kindly advise when the appeal will be heard by the City Commission of the City of Miami, Florida.; JWM:rk 62oA. 1lr5eA mr nocn.tr 1 nn E40' oc Lot- 11 '& �11 of 11, 13, 14, 15 t 10 including A certain strip of lend :lying betwoen tote 13 6` 14 marked "not n ;part of thin Pint" lens declie,ntiona t block 101 NORTit'G)TI:(0 Ei91. (a) CoeditionAl Une nn listed in Ordinance GE7I, ARTICtt VII/.: Section 1(11) (b) , .to, permit the 'ntructurr loc.+ted on ebev6 nite,, an cr sketch of purvey on file, to be used as to 50"room motel , (Sha linvi r' Motel) . This Petition in .conjunction 'with `= a variance npplicnlion for a waiver oC pnrkingt zoned R-4. And (b.i ) Vrinnee from Ordinance .6f71., fflTTCLi'. 7GYIii, Section Q(6), to .pr�rmit Lhe operntion ore` 50=ro171 mote1- (5halimax° Mots 1;) Oti ,boon s[t , .:ns per sketch or. survey 'on fil"e, provid-irnrj 14 oCr-street.. pnrkinr{ preens:, (0.03 o.A.p. npner`i required);.. This : petit.ion in conjunction•wi.th n 'conrlitionnl >aae appli c oon': 70nrdl R-4 (Pled itam Density 111 1tipac ) NOTE: Dr'for..r.r?cl from Zoning nn,'rd m^ct-inq ot.10/1/70.. PLANNING DEPARTMENT., . REC0`•11.IENDATIOPi : (a) `and 1(b) DENIAL, Unl.^ss more parking;. is provided , ;the motel cannot function..properly and it will:create a nuisance' for the"•sur- rounding properties. One:,ssolution.to thin problem would be to. obtain off -site parking. Ms. Susan Groves,; Planning Department Mme. Chairman, Members of the Board, if You'll remember,: this, Itemwas. deferred from the October 1st hearing in order to have the app1icantcor' b.ick with plans which conform better to the Ordinance regulations. I` had not scen any revised plans until this evening. I understand that just ;thj.s evening the applicant submitted plans which our Building Department . -, excuse me, it was this morning. My understanding is that itlooks like they might be able to get 18, possibly 20 spaces on this site. ..No additional land has been purchased. Ms. Callahan: We changes made? ' Ms. Groves: There were no changes made, none. It looks like additional parking can be obtained at the rear of the property. What our Department is recommending, we're still opposed to the magnitude of the variance which is being requested. Possible solutions would be to acquire property within 300 feet of the subject. site. .Another possible solution, since the applicant stated at the last hearing that he does not intend to use that restaurant which.requires over 50% of the parking, which is over 50 spaces, I would like to recommend that perhaps the restaurant should be torn down and parking provided in this space where the restaurant is. This would achieve two things that would automatically reduce over 50 of the required parking spaces, plus it would provide more space for addi- tional parking. Ms. Callahan: Metro Dade County Department of Traffic and Transportation sent us a letter saying they recommended against granting this variance. Mr. Campbell: Mme. Chairman, for the record, my name is George Campbell representing the Department of Public Works. I refer to our memorandum to Mr. Perez dated October 16th for this agenda under Item 5 we request: 'THE DEDICATION OF THE EASTERLY 12 FEET OF LOTS 13 AND 14 AND THE EASTERLY 12 FEET or THE STRIP OF LAND LYING BETWEEN LOTS 13 AND IA Now this strip of Land between the two lots,.13 and 14, is designated on the plat and on the municipal Atlas as part of this plat'. to the best of our knowledge and belief loltuplatItled parcel of land. r is to would request that no variance be granted until.t e owner or owners this property proceedande lat or plat this portion so that it would fal. within the proper ordinances. Ms. Callahan: Thank you Mr. Campbell. Mr. Malek: Mme. Chairman my name is Joseph Malek, attorney -at -law, 350 Lincoln Road, Miami Beach. I was here at the last meeting and at the last meeting I told you that my it was mY. understanding there were 14 parking spaces. I was wrong in that statement to you. There are, accordin' to the survey, 38 parking spaces but when You take into consideration the turn-arounds and the various dimensions as authorized by the City of Miami,. . it comes to a possible 23 spaces, as I read it. The survey is with the Zoning Department of the City of Miami. • • Most of you will understand what happened here. This was a motel • which was built under the existing laws of the City of Miami many years ago. Following that, it was given as a gift to Junior Achievement. During that Period of time there was a use change and then it was sub- sequently sold to the corporation owned by Mr. Gibalski who proceeded to use it as a motel as it was originally intended. He has more than enough parking spaces. At worse, there is 23, to operate that building and under any conditions hehasn't needed any more. First of all, we don't have complete 100% occupancy there but what we need is what we have. What we have we cannot change other than by involving ourselves into a tremendous additional expense which is not feasible there. Number two, tearing down the building which is recommended by the City. of Miami - it's a very nice thing for them to recommend, but it does have value. Now .the restaurant has not been in use for some ten years nor do we intend to operate the restaurant. It's just not a feasible,.eponomic thing to do. I think it would be a very good thing if it could be opened as a restaurant to lighten up that area and to help the area, really. But it is not fdasible. All of our feasibility studies on it indicate that,we would go broke very quickly trying to run a restaurant there. So we're not running one. Now, we can't change what's there. What's there is there. All that has happenc, is something similar to a judgment against a person. For example: If a lawyer takes a deed from a person, as a trustee, and the deed is given by an individual to a trustee, a lawyer let's say, and he places it on record; then the next day he transfers it out, If the.lawyer has any judgments against him, that particular piece of property has acquired those judgments And that's all that has .really happened.here. It's a very simple matter. The property was originally a motel; it was built in accordance with the zoning laws of the City of Miami; transferred to Junior Achievement by a gift; Junior Achievement felt they could not stay there and sold it to Mr: Gibalski; he bought it with the full understanding that there were no violations of any kind; he was given the license to operate the place. He has operated the place, and has been operating it properly without any problems and we now have instead of 14 spaces, we see 23 spaces. And we would have hoped that the City of Miami would understand that and would -16- October 22, 1979 Item 5 ZB 1 8007 recommend this property just being placed back in the same actua condition that it was prior to the gift and the resale. Ms. Callahan: Mr. Pialek,:have you made any'effort within the 300 feet to get any additional parking spaces? Mr. Malek: My dear, there is no parking. spaces to be gotten in that area for whatthis enterprise could afford. Yoii know, it's not a massive 'winning proposition. It's a 50-unite motel. A,50-unit motel, when you Pay the City licenses, you pay your electricity, and you pay your help, and you pay your taxes, insurance, your maids, linensand everything else and you don'trun on Biscayne Boulevard anything more than 60% to 70% occupancy„ at any time. The onlytime you getmore is in January or February of any given -year.Once in a while in the summertime you get a few weeks that might be good. ; But other than that, the ;occupancy is of a low ratio and; to force this man to do the things that; the City of Miami is suggesting is really quite unusual; really disturbing in a way. If we had the restaurant in operation, and if it were a good Proposition, certainly he might need parking. But I; recall back when the 'Shalimar. restaurant was a viable proposition. I- used.to eat, there all the time. They had very, very fine steaks. There was;never ,any problem with parking in those, days with the restaurant.` And there are no problems now without the restaurant. :It'. s . ' just`. a question put ; thisman back in the position of operating=a motel that was built many years, ago, legally. Merely. because there. was an Ordinance; passed in between. this man should not'be held accountable for that. No wayunder. God s,earth. Ms. Callahan: What is your response in regard. to Mr. Campbell' recommendation for the . dedication? Are you familiar with it? Have you looked it over? Mr. Malek: The last time I was here, he said he wanted us to dedicate certain property there. I still don't understand what he wants dedicated: and I don't know if `I.,could go along with it or not. I don't think the dedication shouldbe a part of an crp1ication before this Board. I must tell you in all fairness that I. think. asking for these things,:. which was done earlier tonight as well, constitutes a form of if he's saying 'We'll grant it based upon the fact that you do this -' that °should not be: That should not be. A, dedication:Mme. Chairman and Members of the Board, any person that owns property, if the property needs to be`. taken by the City of Miami, should be taken in the normal fashion such as was done on Martin Luther. King Boulevard, such as was done everywhere in this City or in any city. All the City has to do is say 'We need these 2 feet :of.land'-`or.these 2 inches - or whatever it is, andiwe will com- pensate you for whatever we take.' There is a fair appraisal made of it and the man ; is paid for the value ;of his, property. And the City of Miami if it is for a public use, for streets. for anything, has every right -to take the property. If it involves the` demolition of an existing building, the City hasto pay for that. That is one of. the things -that we have to thank God that we live in the United States of America and to rake that a part of this application,to me, is inherently wrong. I have served as a Commissioner of Miami Beach for a number of. Years and I mustsay that to ask - if you say to me'we.would like something replatted' and it would help the City to have something •replatted,I would certainly be in favor of getting an engineer or a surveyor and have the plat approved by the proper Department of the City of Miami. 1 .see nothing wrong with that. But to say we disapprove.of.this application because we want dedications, I don't see that. Mr. Campbell: You know I wasn't here at the last meeting. The. requirement or the request of the Department for dedication is something that has been made, as you know, many times in many cases. In this particular case, I have what I believe is a copy of the survey of the property itself and this indicates that the existing sidewalk is within October 22, 1979 Item 5 ZB fro the area that we have requested to be dedicated. There is an existing sidewalk that is within the area that we have requested to be dedicated. Mr. Malek: Therefore, you're saying the existing sidewa1.1c is our property. Mr. Campbe13.: It's on your property, yes sir. Mr. Malek: Lega3.1y. Mr. Campbell: I don't know. Just a moment. I am not a lawyer. I make no Pretense at being a lawyer. Mr. Malek: I understand, but what you're further saying, if you will look at the survey, there is a building to the west of that and if we gave you that property, then we would have to tear down the building in order to build a sidewalk. Mr. Campbell: No sir, that's not true. Malek: That's the way I look at it. I was there the other night and took a good look at it for the first time. Mr. Rolle: Mme. Chairman, what I wanted to say is for Mr. Malek so we won't burden the record with something that suggests a trade; vthre the City is tradingoff property as an inducement because that's not true at all. I think what Mr. Campbell is saying at the moment is that -there would not be a need of acquiring any property westerly from the edge of the sidewalk which is a right-of-way and that the dedication that the Departnlent was asking for, as a matter of fact, is already. there and it's inclusive of the sidewalk which is a public right-of-way. So he's . suggesting, as I understand it, that there rnay not be a need for any acquisition of addi.ti.onal property west of Biscayne or west of the public - right -of --way of the sidewalk. But I did want to say for the lone -fit of Mr. Malek that there is no trade-off or incluccrne.nt of a trade-off at all on the part of the City. Ms. Callahan: Thank you for making that clear Mr. Rolle. Mr. Gort.: Vlhen this Item was deferred at the last rneeti.ng it was so that the applicant and the Department could get together and get all the information they needed. Mr. Malek: (Several people speak at once). • • . Mr. Pnrez-Lugones: time. Chairman, -I want to make it very clear and supporting what Mr. Rolle has said,. this Board and the City of Miami at no makes compromises of granting variances, or enters into any contract or negotiations with applicants in regard to trade -offs -of property for the application that is submitted. The request •frOm the Public Works Department is a voluntary dedication because of peculiar . circumstances in relation to the property and it is not, I say this emphatically for the record, it is not a trade -of. That would be illegal. Mr. Malek: Our survey, as I told you before, made by Schwebke et als, and completed just a few days ago showed a total of 38 parking spaces. After reviewing it with the City, we have found that there are 23 that can be used in accordance with the actual laws of the City of Miami. I want you to know that the property was built in accordance with tl-ie plans, according to the rules .and regulations of the, City ofMiami and there have been no substantive changes whatsoever to the property. We feel that the Conditional Use and the Variance should be granted. Mr. Rolle: Mule. Chairman, may. I ask Mr. Malek one other question. If in the future sir, you find the need to be competitive and indications are that it becomes necessary for you to operate the restaurant, what -18- October 22, 1979 Item 5 ZB ‘c - 01' 4111 position do you find yourself in? Mr. Malek: I think that we. would then, be forced, before we could do anything like, .that .- . we `re not .faced' with this because there is no basis for it. Like I said, 'it has, been' closed for some ten years. The area does not lend -itself to a highclass restaurant operation. A lower class operation, h,am:certain that ifwe had it, oit would not become a problem there whatsoever. We would have to make'`an adjustment at<`that time. Mrs. Baro: restaurant? But Mr. Malek, Mr.-Malek: I don't intend closed.. what do you intend to do with that to do anything with it, just' keep it Mr. Rolle: The physical location of the restaurant: if the:.restau- rant was :removed, 'would that give you additional °parking °facingBiscayne Boulevard?" Mr. Malek: Oh certainly. Certainly. Mrs. Baro: But that suggestion has been made by a suggestion he won't : take. Mr. Malek: I don t think it s..a.fair-suggestion. I don', think it's fair to impose conditions - really, this is a twinkling of an e,e:iash situation. This man has dons nothing to hurt the City in any way. I Ie has operated properly;; he has had: no citations against him in any way in his operations and should be granted the relief. OpposiMtoCallahan: Is" the re anyone els e o speak in n? Mr. Harris: Mme. Chairman, my name is Doug. Harris., My residence is 1408 S. E. Bayshore Drive. I'm the owner of the 4-unit apartment building located at ' 547 N.E. 63rd : Street. and . the owner " of. a 4-unit apart- ment building located at 550 N.E. 63rd Street and I have been asked to speak in behalf of. .three other property owners . on 63rd Street, Mr. , Thomas Smallwood whose address is 571:N.B.-.63rd Street; Mrs. Mary Dilolla whose address is _ 555 N.E. '63rd Street in a 45-unit apartment building. With your permission. I ha"e, prepared a Density Study/Type of ;Housing that I would like to submit to the Board and to the people here. I also:took a number of polaroid pictures tonight:.. at 6 P.M. , •that reflects .sor•.ewhat the parking problem that we have in evidence .in that location and I'll pass those around.'• the City and I'd liketo resort` to the transparency to the rear of me here. We're referring primarily to N._E.,53rd'Street and N,E. 52nd Street as you . see here. We're talking about this one block. Right here is the Shalimar Hotel; this is the South Pacific Motel whichis 23 units; on this corner is the Sinbad Motel which is 24-units and 20 off -:street parking spaces. As you can see by this Density Study,and I'm not a person who performs density studies, Mr. Smallwood, Ms. Dilella`and myself did this in the past few weeks following the notice of ,this: hearing. You'll notice that this is listed as a medium density'area I::want you to note that there are only three single-family homes in this area 6'duplexes; 3 triplexes; 5, 4-unit apartment buildings; 2, 5-unit apartment buildings; 1, 6-pnit apartment building; 12,..8-unit apartmentbuildings and 1, 16-unit apart- ment building. That's a total of 172 occupied dwelling units in that one block not counting the threemotels fronting, on Biscayne Boulevard. Most of these buildings are 40 years of age or older built prior to the current Dade County Building Code which requires sufficient off-street parking. There is very limited off-street parking. You'll notice 3n soma of those pictures at 6 o'clock, that there are a number of cars parked in the front ' yards of these buildings. In the evening and on Saturdays and Sundays when -19= October 22, 1979 Item 5 ZB it's position do you find yourself in? Mr. Malek: I think that we would then, be forced, before we could do anything like that - we're not faced with this because there is no basis for it. Like I said, it has been closed for some ten years. The area does not lend itself to a high-class restaurant operation. A lower class operation, I am certain that if we had it, it would not become a problem there whatsoever. We would have to make an adjustment at that time. Mrs. Baro: But Mr. Malek, what do you intend to do with that restaurant? Mr. Malelc: I don't intend to do anything with it, just keep it closed. Mr. Rolle: The physical location of the restaurant - if the rest•.ati- rant was removed, would that give you additional parking facing Biscayne Boulevard? tr. Malek: Oh certainly. Certainly. Mrs. 13aro: But that suggestion has been made by the City and it s a suggestion he won't take. Mr. Malek: I ,don't think it's a fain-suc-igestion. I don't think it'-s , fair to impose conditions - really, this is a twinkling of an eyeJabh situation. This man has done nothing to hurt the. City in any way. He has operated properly; he has had no citations against him in any way in his operations and should be granted the relief. - Ms. Callahan: - Is there anyone else to speak in favof of this? Opposition? • • Mr. Ilarris: Mme. Chairrrtan, my name is Doug Harris. My residence is 1408 S. E. Bayshore Drive. I'm the owner of the 4-unit apartme.nt.: building located at 547 N.E. 63rd Street and the owner of a 4-unit apart- ment building located at 550 N.E. 63rd Street and I have been asked to speak in behalf of.three other property owners on 63rd Street, tr. Thomas Smallwood whose address is 571 N.E. 63rd Street; Mrs. Mary Dilc..11a whose address is 555 N.E. 63rd Street in a 45-unit apartment building. lqi.th your permission, I halre prepared a Density Study/Type of Housing that I would like to submit to the Board and to the people here. I also took a number of polaroid pictures tonight at 6 P.t1., ,that refl.ects.sor.ewhat the parking problem that we have in evidence .in that location and I'll pass those around. • , I'd like to resort to the transparency to the rear of me here. We're referring primarily to N.E. 53rd Street and N,E. 52nd Street as you see here. We're talking about this one block. Right here is the Shalimar Hotel; this is the South Pacific Motel which is 23 units; on this corner is the Sinbad tiotel which is 24-units and 20 of Estreet parking spaces. As you can see by this Density Study, and I'm not a person who performs density studies, Mr. Smallwood, Ms. Dilella and myself did this in the past few weeks following the notice of .this hearing. You'll notice that this is listed as a medium density area. I want you to note that there are only three single-family homes in tilts area; 6 duplexes; 3 triplexes; 5, 4-unit apartment buildings; 2, 5-unit apartment buildings; 1, 6-pnit apartment building; 12,.8-unit apartrtent buildings and 1, 16-unit apart- ment building. That's a total of 172 occupied dwelling units in that one block not counting the three motels fronting on Biscayne Boulevard. Most of these buildings are 40 years of age or older built prior to. the current Dade County Building Code which requires sufficient off-street parking. There is very limited off-street parking. You'll notice in sorie. of those pictures* at 6 o'clock, that there are a number of cars parked in the front yards of these buildings. In the evening and on Saturdays and Sundays when -19- October 22, 1979 Item 5 ZB the people are not-working,`it is not uncommonto findcars, truck and other` vehicles` double-parked. There is a severe shortage of parking right now. I'm sure if we should check with the Public Safety Departmentor the Police Department,`Metro. that we would find there are a large number of citations issued, in that area ".strictly because; cars do not. have ;;places to park. I don't know the occupancy rate of the Shalimar Motel but'I will say on most evenings, those parking spaces are occupied. There are many 2-car families in that area. Most of the people find it necessarY for both the husband and wife to work. It wou].d not be in the best interests of the citizens of North Gate Subdivisiofl for this .variance to be granted. Parking is definitely at a premium.' We requestthat the variance..: be denied enjoined by the Department of Public Works, Department' of Trans- portation'; and the. Department ::of;Planning and Zoning .and ask that this variance 'request be denied.. I'll be. happy to. answer :any' questions. Ms. Callahan: We may ask you some 1z1?:er on. Anyone else in opposition? Being none, we'll cM�se�alekpPublic �wouldhyou�lkento speakindis- cussion among our Board Members. rebuttal? Mr. Malek: In the area, Mme. Chairman and Members of the Board, that the gentleman referred;. to, I doubt that any of these apartment buildings have any off-street parking and it mightbe a subject,;adtualiy, for the ;City • of Miami as we have done in "downtown areas and other areas to providesome off-street, parking there to helps theapartment .buildings and buildings owned by these people here. 'Obviously; this is an older neighborhood. There's no question about it. We have not really added to this problem°nor detracted from it. It's just a problem that has existed and will continue to exist so I think anice thing, wouldbe to make a recommendation to the City of Miami Commission to lookinto the feasibility of obtainingsome off-street parking there on the basis of meters; onffeeer� basis of allowing the residents there to have parking.They're . from the City of Miami Beach where row -housing and apartment housing was built one on; top of the other one without any off-street parking until the early 1960's. Then the situation changed. But,I see nothing that my client is responsible for and nothing that you would do here would help them in any way whatsoever. Ms. Callahan: Alright, the meeting isclosed and we'll have dis- cussion 'among . our Board Members. Mr. Harris: I.apo1ogize for not thinkingof it earlier., but you'll notice on the second sheet of :the ~handout, -:there are some asterisks that appear at Nos. 555, 547, 560 et cetcra, those asterisks indicate that there is a limited amount of off-street•parking. But the idea of meters or other off-street ;parking set aside for .;that purpose, we do not . feel would go.�, Mr. Rolle: I'm just a bit concerned about the potential 'that Mr. Malek and his client might have in improving the situation in terms of additional Parking in the area. Mr. Malek says to this Board that he ---nor his' client intends to open the restaurant,.: that's one matter. But if you can operate a motel on Biscayne Boulevard almost immediately between two competing motels with the same kind of a business, and you have a facility that might enhance your operation, - you say you won't operate the restaurant and be competitive -.but at the same time we find ourselves in a bindin terms of acquiring additional' parking. It may be a bit some- what strict to suggest even, that he consider removing the restaurant - I don't know how manybadditional parking spaces it might give, but it seems to me that it may or become "a consideration in the minds of his clients. Maybe Ms. Groves can answer the question: Is there vacant land in either block, I think. it's #10, #9,#11that could be developed into off-street parking? Pis. Groves: In Block 1 land however, looking at this in the area, Mr. Rolle: Ms. Groves: Ms. Basile: Mr. Rolle: M . Groves: I was not aware that ;therewas any :vacant survey that was conducted by the citizens o we have a copy' of the. survey? I believe this what was handed out to the Board. There are 2 vacant lots there. Do you have the size of those lots Yes, they would be50' X 120' Mr. Rolle: Thank you. Ms. `Groves? Mr. Gort: We're' all well aware that the City of't•liami has problems with certain operations on :Biscayne ;Boulevard. This is a"''_good` operation and I'd liketo see something worked out where we can benefit` you°and the community: but : you have to understand that parking is a big problem. You say you have about; 60% to 70% occupancy. which , comes to about 30 " or 35 rooms, each room would have a car unlessyou have walk-in trade. Mr.:Malek: Let me answer` first about this business with the vacant land. It' would not' be feasible at all in the operation to have the.,? . . _ • lots available to'us even if we wanted them.' It's just completely "not feasible. ` If, it were exactly adjacent to it, to the motel, it would have some value. But what I see there is apartment buildings with people living inthem who would actually have to be thrown out in•order to do this. Even the cheapest building there, they're talking about $100, 000 to $150,000. This whole building, my dear friends, was bought for. $160,000 or $170,000 by Mr. Gibalski. "-It" was in the most terrible shape; in the most terrible condition - you cannot believe what was there a broken down I'll tell you the truth,'I recommended that he did not buy it. I recommended that he,;leave the property alone and let someone else bother with it. He didn't do that. He took it, he re -modernized -it, he put in close to $130.,000 tofix up that place. Now he didn't put any money into the restaurant because he wasn't going to;;operate that restau- rant. He is a small business operator for that particular area. The question that Gort addressed himself to, was the question of parking. ;When I -was here last time, I was under the impression that there were 14 parking >spaces. Whenwe lefthroe that night. we went over to the motel and I -first understood -that .whole'proposition' there. Actually, they can park closer to 90 or 50 cars, and they do. How do they do it? They don't do it by the strict guidelinos of your parking Ordinance as it exists right now. They do it by putting comp-ict cars in. They 'have: -space in the -rear of- the motel. If you will, look at this survey; you* will see that there are spaces here. You will note that -there are spaces all the way to the west. They just aren't marked as approved parkinci spaces but they do accommodate them there. Our nuinbir was 38 spaces - then when they had the run-down with Mr. Perez and Ms. Groves, they figured out as I understand it, 23 possible spaces to meet the strict requirements of the City of Miami and that is going very strictly. • Ms. Callahan:Ms. Groves said between 18 and 23. Mr. Malek: I understand. She may be 1000% correct but we have figured it out to 23.;°Was there any change? • Ms Butler:' It wasn't with Ms. Groves, it was with me, Ms. Butler, and the Building Department. And again, I told ; Mr. Fury : that it'=wa s only an estimate.; I since learned that where it says 'covered driveway' is not a driveway but it is enclosed so it rules out those . . . parking spaces right there. Ms. motel?, Mr. Malek: Frankly, they are usable.' Ms.Butler: It's possibly 20. a rough es imate. Mr. <Gort: Ms. Butler, they have the survey showing38 parking spaces and You tell me there are only 18. Could' you explain to me the difference? Ms Butler: The parking spaces they the parking regulations. Mr. Gort: Thankyou. Ms. T3asila : Laura, ' did you mean , that they ?were smaller `in s a. ze , I mean, basically.;for`conpaet cars?: Are Yen considering landscaping? Where are you getting that figure? do not conform to Ms. Butler: The back-up space is not large enough for the angle that they're showing there.In order to utilize the space that, they're putting that parking in, they would have to use a 30° angle and I think they're showing 60°: rls Basila :. Without the restaurant, are needed for theoperation ofthat motel? Ms. Butler: Ms. pasila: ' And you .can -only come up with 20. I' don't see ;how' you can stay-in:business,'Mr Malek- , with.20.parkinnspaces?`- Mr. Malek: I, will tell you this: This was built under;;. the `guide- lines of, the laws and `regulations° of the City of__ Miami whenthe motel was built some 20 `years .ago. We never brivb :�a problem. tle :don't Pave any tickets or citations `or°any problems whatsoever. Msr Malek, if I went' to yo ar ,motel, ,coming off US-1 and wanted to rent a room at your motel and you have theroombutyou don't. have parkingand you tell me I have to find rny own parking space, T' don't think I'd like that. Mr. ?..lalek: And you wouldn't' stay with us.: .But we :have no `,Problem with it.,<: This is exactly what I'm trying to say to you.; They t-ave' the 38 parking spaces, that they've been.usin7 all.this.time from the time: the motel was,built and at .that time they had a big;restaurant operation there known'as the Shalimar, Restaurant.' �,It`':was`:a 'very fine .restaurant. Sandy Walsh was the M`.C. , and `I used to -:go there and' sing every. night. But my goodness, you cannot penalize this man for.doing'the good'that;he has done; with .this.. motel. " He _was granted a license and _he never• thought he was violating anything. Ms. Desna: Sir, neither can I in good conscience, say yes this man can operate his motel otel'with'20 parking spaces' when we require other P PCity eo le in the tocomply. . This'is what I can't understand. Mr. Malek: The whole thing is always been the`same.thing. In other` words, you t has e•not interested in developing that Mr. Malek: I think that some day the City of Miami may, in its good judgment, upgrade the ,entire. area, and they're doing it now; by creating:. new zoning, for the' area which may make the property valuable enough to be torn down,' to be' „made into ,a highrise condominium with special variances that the.City may want"to`give to all of the propertyowners on . "• -� 3cayn� -- --d- make- ianother ---�- n.�.;..Lre11 Avenue. October 22, 1979 Item 5 ZB But.: today, the way it exists, it is 6200'Biscayne Boulevard with an. existing structure, existing parking which we can accommodate 3fl or 40 parking spaces without any difficulty although not with the strict guide- lines of the City of Miami.; ; With strict guidelines, we can accommodate as Ms. Butler said, 20 spaces. Your.. parkingneed not be disturbed by allowing this to just go back ;to what it was before. On the contra.r,f, your consciences should be good in allowing this to go back. It cannot be changedto anything else, really. Mr. Rolle: Mme. Chairman, I'm trying to get a clarification. I think I heard a moment ago thaton and givn day what is the occupancy of motels on an average on Biscayne Boulevard in that area? Mr.`<Malek: On any given day, 50% to 60%. 45%.my client says. Mr. Fury says double occupancy,; two to a room. Mr. Rolle: One other question: On the desk are the keys to an occupant's car :kept with him or in ;the office when ' they check into the motel? Mr. Rolle: I see. What I was trying to determine was that if you should come into a crunch in terms of not having adequate space, , and you were talking in terms of doubling up, I'm wondering 'aloud hcw convenient it would be to double up on parking by the staff•of the motel if someone in the innermost' space should have to leave. t•tr. Malek: We have had no parking problems whatsoever and I will tell you straight. There have been no parking problems in that motel and you know if you drove up to"a.Holiday Inn and You wanted to get a room, and they .;said : to you, 'Go three blocks ,;down and park your: car, then come back andwe'll give you a room' you would not stay at that Holiday Inn very long and pay them anything. We have the parking.: Mr. Rolle: Is there prohibited parking on either 63rd, or 6;4th Streets? 62nd Street, I'm';sorry,f_rom near. Biscayne on back to 3rd Avenue? Mr. Campbell•: I can't give you an intelligent : answer because don't know. Mr.:`Rolle:' Ms. Ko13ki: Mr. Malek, we're,having,a real problem up -here. okay? Would you agree to not use that as a restaurant? Mr. Malek: Let me,:say this to you, it would be wrong for.me`t9 say that `I would :a"gree , to that. Let me tell you why. Mr. Gibalski may _ operate this'motel-for twoyears, for five. year oi_he may sell it tomorrow. and to. have ":that restriction.would not be fair " to him and would not be fair to anyone. .We have: no use ,forl it ;whatsoever ourselves..' We do not plan to useit or: -to operate.it'but to ask him co give. up a substantive right like that, Ms. Kolski, Ms. Kolski` Mr. Malek: I appreciate that very, solved is by granting the application. Ms. Callahan: Alright then, if there ready for a motion. T_'m .just trying to solve your problem. • The way . it Mr. Rolle: I would like to ask Mr. Harris a question: Sir, in. your years. of being familiar with the area,; owning property in that particular area, whcn this particular facility,I guess in earlier years, was operating can you recite for the benefit of, this Board any difficulty could be discussion, were -23- October 22, 1979 Item 5' PA3 1 that was experienced by the :residents fir. Harris: Mr. Rolle, Ive owned one apartment building in excess of three years and the other a little over two years. Parking has always been a problem in that area. In response to your earlier qucstion, I disagree with this gentleman, I do not believe there is any restrictive parking on that street. Parking has always been 'a problem. One building has off-street parking;, the other does not ,but it's not uncommon to them to have to park more than a block or more further from the building as opposed to out in front. Some of the people that might be visiting some- one else will park in front of the buildings there. Mr. Rolle: When You say, that ;parking is ,a problem,, are you saying that parking is tight? That parking isimpossible? Or, parking is difficult? Mr. ;Itarris They park in the ; yard'; thay double-park; they park wherever there'sa space. Occasionally, a to':truckwill come and haul one away simply 1 because it's covering someone'sdriveway,or because it is double-parked. Again, the picture that I took was•' at 6 o'clock in the evening. ;A lot of the folks were not home from work yet. In the, evening particularly, parking is at a premium. A lot of the women' and rnen' that work, in that° area will comes home_ from work,. ;8, 9, or .°10 o'clock at night and may have to park a ;block or ;more away and walkto their apartment unescorted. We've had a number` of problems inthatrespect.' • Mr. Rolle: Sir, the reason for my` question was to attempt to establish 'a track record for what narking has been in ;the `area over' a give; • period of` time? and of course, .your acquisition has been for about.two years. Mr. problem. Mr. facility, Mr. Mr. Harris. For:; two, and three years, parking has always -been a It is worse there today than it was two and three years ago. Rolle: Two and three years'ago I believe. Harris That is correct. Rolle: Thank you sir. Junior Achievement had that Mr. Gort: A parking problem will always be there. because .t buildingshe, s .. , et.: -were . built before the present Zoning - Code ;� I have�,� -gone by the place a couple of times and parkingat the motel,;: I'd say was about one- third full. what has been your exPerience with the hotel parking spaces? Mr. Harris: At the motel, the parking. almost completely empty. Duringthe' evening completely filled. Mr. Malek: I think he answered the question-tothe best of his knowledge. I was going to ask if he had knowledge of the motel property itself and he did answer it. I would say toyou members of:tile `;Board, just what.I said a few. moments.aao. If someone came to the motel and was told to park a block away or two blocks away, you know darn. well we couldn't rent that room to them. They just, would not rent the room, and that is what I'm telling you. We have more than, sufficient parking to accommodate the customersof the motel. we're Ms. Callahan: Alright'', ready for 'a motion. Mr. Ms. if there's no further discussion, then Rolle: Mine. Chairman, I move to grant 5(a) Conditiondl Use. Kolski: I'll second that. one. 24 October 1979. Item: ZI3 1 Mr.;Perez-Lugones: Motion to grant has beenmade by Mr. Rolle and seconded by Ms. Kolski. Mr. Wellington Rolle moved its ,' adoution offered the following resolution RESOLUTION Zi3-211.79 RESOLUTION TO GRANT CONDITIONAL USE AS LISTED 'IN ORDINANCE ;6871,'ARTICLE VIII, SECTION 1(11) (b) ,. TO PERMIT THE STRUCTURE. LOCATED ON EAST 40 FEET OP LOT 11. AND ALL OF ,12 : 13, 14, 15. N'ID 16 .INCLUDING A - CERTAIN STIP OF LAND- LYING. BETWEEN LOTS. 13 AND 14 MARKED "NOT. A PART OF:;`TIIIS.;' PLAT" LESS DEDICATIONS';. BLOCK 10;`:NORTH'..GATE (3-88) I3EING`,.6200' BISCAYNE BOULEVARD AS PER 'SKETCH OF.' SURVEY -ON FILE, TO BE USED.'AS rt A 507 ROOM. MOTEL (SHALIMAR MOTEL) TIIIS' PETITION IN CONJUNCTION WITIH A VARIANCE ';APPLICATION FOR A' WAIVER OF PARKING'; ;ZONL•'D R-4 .' Upon being seconded by Ms. Patricia was passed and adopted by the foliowing vote: AYES: Mmes. Kolski and this•;resolution • i3asila, Kolski, Callahan Messrs . Gort, Rolle_ NAYS:; Ms. Baro ABSENT: Messrs . Carper', Freixas Mr Perez-Luaones: Motion carries, 5 - .T. (PLEASE TURN TO _:PAGE 26 ;FOR RESOLUTION ON; 5 (b) -2 October`2' 1979 Item=S ZB 11 6 • Mrs. Ms. Callahan : We re ready for a motion on ' 5 (b) Mrs. Baro: I move to deny. Ms. I3asila: I'll second that. Mr. Perez-Lugones: A motion to deny the Baro and seconded by Ms. • Basila. Mr.:Malek: May I have a word? Variance has been made by Ms. Callahan: We're' in the process of ataily now. Mr. Perez-Lugones: You're out of order sir. Mr. Malek: I'd like to make a correction.` Itsays°:`here-14.°off- street parking spaces and it's really 20 according to: the City Mr. Perez-Lugones: We don't have any plans that depict the 20 parking spaces: at this point. There is a motion on the floor to deny. Mrs. lieu its adoption: I3aro offered the following resolution :`and moved 'RESOLUTION ZB-212=7 RESOLUTION TO DENYREOUJEST r FOR'.VARIANCE" FROM ::ORDINANCE 6871, ARTICLE XXIII, , SECTION 4 (6 ), , TO .'PER.'•iIT. THE OPERATION OF A 50=ROOF•1 MOTEL (SIIALIMAR MOTEL) ON EAST • 40 FEET OF LOT 11 AND 'ALL -OF 12.,13:;14.,15 AND 16 INCLUDING A CERTAIN'STRIP OF` L11ND LYING BETWEEN` LOTS 13 ' AND'144ARI:ED.,,"NOT' A , PART .OF .THIS PLAT" LESS Di DICATIO! S; BLOCK 10; NORTH GATE(8-38) B?ING 6200 I3ISCAYNE BOULEVARD AS PER SKETCH aF SURVEY -ON FTLE, PROVIDING 14 OFF-STREET PARKING SPACES,'. •(118.OFF-STREET PARKING SPACES,; REQUIRED). TIIIE--;PETITION IN, CONJUNCTION ',4ITIt A CONDI- TIONIIL USE . APPLICATION; ZONED,=R-4 '(I-1EDIUM DLIJSITY MULTIPLE) Upon being; seconded by Ms. 'Gloria I3asila,'; this resolution r`;:<7ie "Ire ,c'k cS fit-.. deyi/2L AYES: Mmes . Baro, 13asi la, Callahan, NAYS: I•ts. Kolski* Messrs Gort, `Roll ASSENT: Messrs. Carner, Freixas Mr. Perez-Lugones: Vote is tied 3 3 therefore, the motion is denied. When wehave this type of a vote, it constitutes a denial. Mr. Terry Percy: Mme. •Chairman, I'cl like to point out that (a) is,in conjunction with (b). _;, The denial of the Variance and the granting of the Conditional Use still would not permit the applicant the contemplatecl use of the property. • Ms. Callahan: Although it's approved, he could,, not use it? Mr. Percy: (a) and (b) are in conjunction; one was granted, the other denic (comments continued on next page) -26- October 22, 1979 Item •5 (b) ZB Ms. Groves However, if he were ,to provide parking elsewhere,. the required ,amount of parking, he would be allowed to 'have that use, am I correct? Mr. *Ms. Kolski at vote call: against the restaurant. No because I'd rather see . a restrlcti on Mr. Perez-Lugonee: Mr. Malek, you have a right to,ap?eal,.the denial to the City Commission.' You may; phony ,my office' or corre to ry office and I' 11: explain the .procedure...- Your have 15:.;days.to :des so. After 15 days, if you have not appealed, then you lose that right. adoption: Upon passed and Stephen Carner offered the following`resOlution and moved RESOLUTION ZB-249-79 RESOLUTION TO DENY REQUEST', FOR VARIANCE FROM ORDINANCE 6871, ARTICLE IV, SECTION 17 (1) (2) , TO ALLOW. AN EXISTING FENCE ON LOTS 11 AND 12, BLOCK`2; CRYSTAL VIEW (12-47). BEING 3590 CRYSTAL VIEW COURT AS PER PLANS ON FILE, 9 FEET 10 INCHES AT THE HIGHEST POINT (8 FEET 0 INCHES '.:ALLOWED) AND. ALSO WITH AN ARCH 8 FEET 11 INCHES AT THE HIGHEST POINT (8 rEET 0 INCHES ALLOWED) , AND A PILLAR 10. FEET 5 INCHES HIGH :: (8 FEET 0 INCHES" ALLOWED) ;' ZONED.." I1-1 (ONE FAMILY). being seconded. by Ms. Gloria !Iasila. ' thi adopted bythe:following vote AXES: Mmes l3aro ['.asila Callahan Messrs. Carner, , 'or t:, Rolle NAYS: None resolution was its P1r Perez-Lugones Themotion to deny is unanimous. You have the right to appeal within 15 days. If you want instructions to appeal, come to my office.. Dr. Tardiff: I'11" build the wall. 38 December 1979 Item '2