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Home My WebLink AboutR-79-0802RESOLUTION NO. 7 9- 8 0 2 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XI, SECTION 5, TO PERMIT A STRUCTURE NORTH OF THE INTERSECTION OF MARY STREET AND BAYSHORE DRIVE, BEING TENTATIVE PLAT NO. 1027, "JAMESTOWN CENTER", AS PER PLANS IN FILE, WITH A 1.77 FLOOR AREA RATIO (F.A.R.)(1.65 F.A.R.PER- MITTED WITH BONUSES); ZONED R-C (RESIDENTIAL -OFFICE) DISTRICT, GRANTED BY CITY COMMISSION RESOLUTION NO. 79-102. WHEREAS, ARTICLE XXXI, of the Comprehensive Zoning Ordinance No. 6871, permits an extension of a variance by the City Manager, with approval by the City Commission, for a one year period; and WHEREAS, the City Manager recommends a one year extension of the variance granted by City Commission Resolution No. 79-102; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a one year extension of the variance from Ordinance No. 6871, Article XI, Section 5, to permit a structure north of the intersection of Mary Street and Bayshore Drive, being Tentative Plat No. 1027, "JAMESTOWN CENTER", as per plans in file, with a 1.77 floor area ratio (F.A.R.) (1.65 F.A.R. permitted with bonuses); zoned R-C (RESIDENTIAL - OFFICE) District, granted by City Commission Resolution No.`79-102, be and the same is hereby granted. PASSED AND ADOPTED this 26th day of November , 1979. "SUPPORTIVE 'DOCUltvIENTS FOLLOW.' CITY CLERK PREPARED AND APPROVED BY: r0442011 LOA G. MIRIAM MAER, Asst. City Attorney APPROVED,.}AS "T9 FORMS (� D2COR)RECTNESS: .l'ti r"! (f. r" ' GEORGE F. KNOX, JR., City Attorney Maurice A. Ferre MAYOR "DOCUMENT ITEM N0._- INDEX CITY COMMISSION MEETING OF IH0V 2 6 1979 neuron ra"7 9 ;8 0 , LOCATION/LEGAL OWNERS/APPLICANTS/ DEVELOPERS ZONING • REQUESTS EXPLANATION RECOMMENDATION PLANNING DEPARTMENT ZONING FACT SHEET Clark Court and DelMonte Street Clark Court and DelMonte Street bounded by Mary Street and Bayshore Drive as per Tentative. Plat #1027 "JAMESTOWN CENTER". James G. and Joan Ann Robertson c/o Jamestown Office, Jamestown Apts, 2721 S. Bayshore Drive Ph: 445-0507 R-C (Residential -Office) (a) Public Hearing Application to petition and request the official vacation and closure of Clark Court and DelMonte Street as indicated on T.P. #1027. (b) Condiitonal Use Application to permit the establish- ment of a 5,000 sq. ft. private club in conjunction with and in addition to the existing...private club known as the Jamestown Club and as per plans on file. (c) Variance Application to permit a structure on the site described above with 1.9 Floor Area Ratio (FAR) (1.65 FAR permitted with bonuses: The proposed structure is ac,19 story condominium apartment complex providing private club facilities, not operating for profit, that will serve alcoholic beverages and food. The Applicant states that the variance is necessary to construct a building that will provide for an immediate need in the area and will compliment similar structures (a) APPROVAL OF THE VACATION AND CLOSURE•)F'CLARK AND DEL MONTE STREETS SUBJECT TO THE SUBDIVISION COMMITTEE'S CONDITIONS OF APPROVAL`OF THE PLAT.: These are substandard sized streets and the only properties which are served by them are being subjected `to redevelopment which would eliminate the need for the streets; altogether. "SUPPORTIVE DOCUMENTS FOLLOW" 7c 8 02 1 Finally, the applicant states that "the natural features of the area and the location require that only the highest type of condominium dwelling be placed upon the property and in order to build the contemplated structure the variance is necessary". Since the entire site will require grading in order that the combination parking structure/high rise may be constructed, it appears that few of the natural features are to remain. The major natural feature of the site is its slope and this feature has actually enabled the developer to cover the entire site without having to obtain an additional variance for lot coverage. On the premises that the developer has no justi- fication for the variance, it is recommended that the developer be required to reduce his floor area to meet the ordinance requirements. This can be accomplished by either reducing the number of floors. to 16 or by reducing the lot coverage, of the building Such a reduction will provide the community with additional open space. ZONING Deferred to have the applicant meet with the BOARD residents and civic organizations in the area. (a) Recommended. APPROVAL of the street closures, December 4, 1978, by a 7-0 vote. (b) DENIED the conditional use request for a private club, December 4, 1978, by a 7-0 vote. (c) DENIED the Variance request, December 4, 1978, by a 6-1 vote. CITY COMMISSION "SUPPORTIVE DOCUMENTS FOLLOW" DEFERRED. January 18, 1979.. DEFERRED. February 1, 1979, for the applicant to consider City Commission suggestions'. On appeal, Approved 1.77 F.A.R. variance, and Approved Condition Use for private club subject to removal of the existing club, February 22, 1979. Request for extension deferred October 17, 1979, for written notification of surrounding property owners. (b) APPROVAL. As long as the club is accessible exclusively from the interior of the building, it will be unobtrusive and compatable with the neighboring uses. With the exception of not having convenient parking facilities, the existing Jamestown Club has a good record for this type of use. The proposed development will have more than adequate convenient parking. (e) DENIAL. The applicant has presented no justification for the requested variance. The size, shape and location of the property are such that a reasonable use of the property can be provided for while complying with all the present ordinance regulations. Infact, one of the features of the lot, the slope, ac - tually has enabled greater development of the site than a level site permits. The delopment has, already received the maximum allowable.15 F.A.R. bonus due to the large size of its units. The developer has in fact provided units larger than the size required to secure the maximum bonus. The granting of the requested 1.9 F.A.R. would provide an additional bonus which is not commonly enjoyed by all developments within the R-C district. The project's design is quite successful with its juxtaposition' of walls and exterior open spaces, it has one serious criticism though. The interior open space, while good in concept, does not work due to its limited size. Its maximum width is. 41 feet, however the spacing averages much less and actually is reduced to only 2 feet at one point. The Fire Department is concerned that this space. may create a major fire hazard and it may have to be treated as enclosed space and be supplied with a sprinkler system and fire retardant walls. The applicant states that "there is a substantial need for condominium and apartment house units for the ever growing population of the City of_,Miami:•.: and particularly the Coconut Grove area". There is no dispute over the current demand for housing units. However, if he intended to satisfy this . «SV(P ,r� demand, the developer would have to propose the DO`�� ,, j f_maximum number of units allowable. ME �, The applicant further states that "the particular F1.,.,,r I r i " size and shaping of the property requires that a variance be granted inorder that it be developed to its fullest potential". It has already been stated that there is no unusual feature of the property which justifys a variance. The site contains 113,801 sq. ft. which is more than ample for development. OJ 7 e a Pi/w/o y7 0v,,Q / el • JAMtSTOWN CENTER MARY ST. & BAYSHORE DR • ,gI?W ijp4a4a,e//,t479_80 ;ITY OF MIAMI `Nta A N 1t 4G it. ZONING CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDU 79 NUV —5 A :d8 TO FROM, Department of Hearing Administration for Planning and Zoning Boards Jim Reid, Director Planning Department DATE, ua!r:�T November 2, 1979 FILE: Jamestown Center Commission Agenda November 26, 1979, Item #16 CFF.RE'IC.ES: isU CLO U RE5 The Department recommends APPROVAL of the request for extension of the Conditional Use and Variance for the subject property. There have been no significant changes that would warrant additional consideration of this item. JR:ROW:dr "SUPPORTIVE DOCUMENT FOLLOW" S —� d FROM* Joseph R. Grassie City Manager CITY OF MIAMI, FLORIDA ..,TER•OFFICE MEMORANDUM July_ 23, 1979 JAMESTOWN CENTER (T.P. #1027) SU9JEGT: North of Intersection of Mary Street and Bayshore Drive Lu;ones Acting Director, Planning and zoning Administration Boards DATE: REFERENCES ENCLOSURES: FILE: Comprehensive Zoning Ordinance 6871 Pro- vides six months vides that any Variance XXXII of theo Comp shallnitiopir Use unless a ' es any and Conditional dVariance or expire based. upon vid afterd the effective tor a Certificatete of th BuildingUse. The Ordinance further prvide tha B u Permit.or a of Use has been issued the VCariance ore Conditional afte a of that substantialt Manager .may, after review. anlicant�nnternn the progress the applicant nninhas extend thehexpir expiration red Variance and Co subject planning, t expiration dates of thee Criance Conditiona•. Use for an additional period of time not to to approval of the City Commission. This Department finds no°andctionCondito the tional Uranting of the extension Use. of time for this Variance'5 office by a•copy of this memo,. nesting the City Attorney We pre`req the proper Resolutions for these extensions. to ,prepare co: Law Department Planning Department 1979. Tenta tive City Commission Date: September 27, CI Y wn in the Grove ... oath Bayshore Drive ut Grove, Florida phone 448-4117 tool 0.0 Honorable Joseph R. GrasSie City Manager 3500 Pan American Drive, Dinner Key Miami, rlorida 33133 Re: Jamestown Center Dear Mr. Grassier The Commission of the City of Miami a utiedson the 22nd day of February, 1979, the following res 1, Resolution No.'79-102 - granting a variance from Ordinance No. 6871 to permit a structure with a 1.77 floor area ratio. 2. Resolution No. 79-103 - vacating and closing Clark Court and Delmonde Street. 3. Resolution 79-104rivate club. granting a conditional use ;Vo. p to permit 5,000 square foot p s of above enclosed. Resolution No • 7 f 387 was s:aadoptedr the, 24 hod approving the plat o 24th day of :tay, 1979 � , The plat was recorded the 23th day of Jur4e1979, in Plat Book 111, cage 38, e prmit authorized by Resolutions-`lo. 79-102 and The building a was This caused 79-103 could not be issued untilhthe:plat e plans rortfiled, This ca of substantial delay -in preparing Jamestown Center, to addition ctthere uhas been ef t e fall Wing"-er lawsuits filed to prevent the Joel-Jaffer vs. Ralph G. Ongie, City L • � �Glerk, Casetate of r No.ca 79-117 . - 2, B.A.Y. Committee Joel JaffeL, Chairman vs. City- of :•liami, Case Nos 79-L63 .,.P and 79-164 AP. Committee, Joel. Jwf far, Chai rman pis i�;'tt� of 3, 3.r+.Y. Coruni `10, 7=��67 -:P. Dr. James G. Robertson, Case U , `:i ,;�i and �� PP � 'QC\ 1.� '79 13 ? 3 .1 8 July 5th, 1979 Honorable Joseph R. Grassie _2_ July 6th, 1979 The above cited lawsuits effectively prevent any financing of the project until they are finally resolved by the courts. The City Attorney George s.aKnJr. Th�l�lansverify forthe thelitigation in progress as the City party. are in the final stages of completion and wbuihave nbeenrm ving diligently in preparation of obtaining the subject to the completion of the lawsuits. I respectfully request a one year JexensionCof tthe rfabove conditional use and variance f t August 22, 1979 to and including August 21, 1980. Please advise me of your decision in this matter. Sincerely yours, JGR/fr Enc. mes G. Robertson, M. D. Jamestown Center 2721 South Bayshore Drive Miami, Florida 33133